Virginia
Va. court dismisses obscenity case against LGBTQ books
Ruling found petitions violated First Amendment
The Circuit Court for the City of Virginia Beach has rejected two petitions arguing that two LGBTQ-themed books were obscene and illegal to sell or lend in the state of Virginia.
In its ruling the court found that the Virginia state statute pursuant to which the petitions were filed violated First Amendment free speech rights and the constitutional right to due process. Likewise, the court vacated a lower court determination of probable cause for obscenity.
The proceedings were initiated pursuant to Virginia Code Ā§ 18.2-384 ā a law that has not been used for decades, but which purports to allow any individual to file a petition claiming that any book is obscene. Under the statute, a book could have been deemed obscene and its distribution could have been made criminal without any notice ā much less an opportunity to be heard on the issue ā to the countless bookstores, book lenders and other distributors who would have been governed by the result.
The books being challenged through two separate obscenity proceedings in Virginia state court are “Gender Queer” by Maia Kobabe, an autobiographical graphic novel about adolescence, gender and sexuality, and “A Court of a Mist and Fury,” a fantasy romance novel by Sarah J. K. Maas. “Gender Queer” was the most banned book in the United States in 2021, according to the American Library Association.
āWe are pleased with the outcome of todayās proceedings,ā said Matt Callahan, senior staff attorney for the ACLU of Virginia. āThe First Amendment protects literary expression, even when some people find portions of the works difficult or objectionable. All people should be able to choose what they wish to read.ā
The ACLU, the ACLU of Virginia, and Michael Bamberger of Dentons, and general counsel to Media Coalition, filed a motion challenging the proceedings on behalf of Prince Books, Read Books, One More Page Books, bbgb tales for kids, American Booksellers for Free Expression, Association of American Publishers Inc., Authors Guild, Inc., Freedom to Read Foundation, American Library Association and Virginia Library Association.
Virginia
Fire set at Arlington gay bar listed as arson
Freddieās Beach Bar one of three businesses hit with early morning fires
Freddieās Beach Bar & Restaurant, a gay establishment in the Crystal City section of Arlington, Va., was one of at least three restaurants to be hit with small fires on the same block between 5-5:30 a.m. on Thursday, Jan 9.
Freddie Lutz, owner of Freddieās, told the Washington Blade someone set the front door of his bar and restaurant on fire during that time on Jan. 9. The door was partially blackened by the flames, but the restaurant itself did not catch fire, Lutz said.
He said two nearby bars and restaurants on the 500 block of South 23rd Street were also hit with small fires around that same time. They were the Crystal City Sports Pub and McNamaraās Pub and Restaurant.
According to Lutz, the small fire at Freddieās took place the day before and the day after Freddieās received a threatening phone call from what sounded like the same unidentified male caller.
āHe said Iām going to fuck you up and Iām going to fuck the women up,ā Lutz said the person told Freddieās manager, who answered the two calls.
Lutz said the fact that the calls came just before and just after the fire was set on his front door, prompted him to speculate that the caller could be the same person who started the fire.
He said the two calls came from two different phone numbers, which Lutz gave to police who arrived on the scene with an Arlington Fire Department official to investigate the three fires.
A statement released Jan. 9 by the Arlington Fire Department says the department initially responded at about 5:30 a.m. to a reported fire at 529 S. 23rd Street, which is the location of the Crystal City Sports Pub. The statement says firefighters found a fire in an enclosed patio at the restaurant that was ācontainedā by a sprinkler system and was extinguished by firefighters.
āThe preliminary investigation conducted by the Office of the Fire Marshall determined the fire to be suspicious in nature,ā the statement says. āDuring the investigation, additional fire damage was discovered to adjacent businesses,ā it says. āThese fires are also being investigated and are deemed suspicious in nature.ā
Capt. Nathaniel Hiner, a Fire Department spokesperson, told the Washington Blade in an email on Jan. 10 the fires have now been designated as arson.
The Jan. 9 statement did not mention Freddieās, or one of the other two restaurants hit by a small fire at that time, McNamaraās Pub and Restaurant, which is located two doors away from Freddieās. But Lutz said a deputy fire marshal who spoke with him said each of the three fires was being investigated.
Lutz said someone attempted to set the rear metal door of McNamaraās on fire, which blackened part of that red-colored door.
āI have a feeling that we got targeted because we are a gay bar,ā Lutz told the Blade. āI just have that feeling.ā
But he said he told a police officer who stopped by Freddieās in response to the fire that it may not be a hate crime ābecause they hit the other two restaurants. And he said it could be possible that they were targeting me because Iām a gay bar.ā
āThe Office of the Fire Marshall is asking anyone with additional information to contact Lieutenant Wandekha Kanthula at 751-357-0769 or [email protected],ā the fire department says.
Virginia
Charges dropped against soldiers arrested for stealing Pride flags from lesbian coupleās house
Arlington prosecutors say suspects successfully completed ārestorative justiceā program
The Office of the Commonwealthās Attorney for Arlington County, which prosecutes crimes, confirmed last week that charges were dropped against two U.S. Army soldiers arrested in February 2024 for allegedly stealing Pride flags from the home of a lesbian couple on five separate days between September 2023 and January 2024.
According to Arlington Commonwealthās Attorney Parisa Dehghni-Tafti, the charges against the two men ā Specialist Matthew Henshaw, 21, and Private First Class Joseph DiGregorio, 23, ā were dismissed after they successfully completed a recently initiated program called the Heart of Safety Restorative Justice Conferencing Program.
Under the program, the two men attended counseling sessions with facilitators associated with the program over a period of six months before meeting with the two women whose Pride flags they allegedly stole ā Michelle Logan and Jenna Burnett.
In statements released to the news media, Logan and Burnett said the two soldiers appeared to have expressed remorse for their actions of repeatedly pulling down and stealing the coupleās Pride flags. Following their face-to-face conversations with Henshaw and Gregorio, the two women said the men also appear to have gained an understanding of the issues and concerns of the LGBTQ community and the need for ending anti-LGBTQ bias and discrimination.
āWe believed they could potentially be amenable to change and also felt that simply putting charges on their records didnāt necessarily feel like enough,ā Logan told the online news publication ARL Now. āWe wanted them to try to educate themselves and understand why stealing a Pride flag isnāt just a felony but a hate crime against two people who had to live through it,ā she told ARL Now.
At the time of their arrest, Henshaw and Digregorio were members of the U.S. Army 3rd Infantry Regiment, also known as the Old Guard, an elite ceremonial unit that participates in burials at Arlington National Cemetery.
Dehghni-Tafti told media outlets, including the Washington Blade, that the objective of the restorative justice conferencing program is to provide an alternative to incarceration for people charged with a crime if they voluntarily participate in the program and if the victim of the crime also agrees to participate in the program.
āIt really requires people to think about what they did to the victim and explain to the victim, face to face often, why they did it and make a promise to the victim that they are going to be different and not do it again,ā Dehghni-Tafti told the Blade.
According to Dehghni-Tafti, admission into the program also requires a person charged with a crime to admit to having committed the crime.
She said the program has a preference, but not a requirement, that people charged with a crime who are accepted into the program are between the age of 16 and 26. She said people charged with certain violent crimes, such as intimate partner violence, sexual assault, and murder are not eligible for admission to the program.
Also, at the time of their arrest, Arlington police said the two soldiers were stationed at the Armyās Joint Base Myer-Henderson Hall in Arlington. One of the baseās entrances is located about two blocks from the 200 block of South Courthouse Road, where police said the two womenās house is located and where their Pride flags had been displayed.
According to court records, Henshaw, who was 20 at the time of his arrest, was charged with three counts of Unlawful Entry ā Bias Motivated ā and three counts of Petit Larceny for the flag thefts that police said occurred Sept. 16, Sept. 30, and Jan. 27. The records show that DiGregorio was charged with one count of Petit Larceny for the flag theft that occurred Jan. 21.
Police have said a view of the perpetrator of the flag theft on Sept. 16 was captured on a doorbell camera on the womenās house. The couple also went public with their plight on social media, which raised public awareness of the flag thefts and generated tips that helped police identify the two soldieries, who were arrested on Feb. 2.
The records show the single charge against DiGregorio was dropped on Sept. 9 and each of the charges against Henshaw were dismissed on Dec. 23.
In a show of support and solidarity for Logan and Burnett, who are out as a lesbian couple, at least a half dozen or more residents of nearby houses displayed Pride flags on their homes after learning that the coupleās flags had been repeatedly stolen.
Virginia
Va. Attorney General Jason Miyares to seek reelection
Republican challenged new Title IX rules for LGBTQ students
Virginia Attorney General Jason Miyares on Monday announced he will run for reelection.
Miyares, a Republican who was in the Virginia House of Delegates from 2016-2022, in 2021 defeated then-Attorney General Mark Herring.
Miyares in a 2023 letter to Republican Gov. Glenn Youngkin said school districts must adhere to the stateās new guidelines for transgender and nonbinary students that activists say could potentially out them. Miyares also joined other state attorneys general who challenged the Biden-Harris administrationās Title IX rules that specifically protect LGBTQ students from discrimination based on their gender identity and sexual orientation.
Youngkin under the state constitution cannot run for a second consecutive term as governor.
Lieutenant Gov. Winsome Earle-Sears, who also opposes LGBTQ rights, in September announced she is running to succeed Youngkin in 2025. Earle-Sears will likely face outgoing Democratic Congresswoman Abigail Spanberger in next year’s general election.
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