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District of Columbia

D.C. lawsuit claims AARP Services illegally fired gay man

Five-year-old case set for February 2024 trial

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Richard A. Deus, Jr. claims AARP Services fired him for being gay.

A gay former manager for the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nation’s seniors, filed a little-noticed lawsuit in May 2018 charging AARP Services with firing him because he’s gay and married to a man.

Richard A. Deus, Jr., who worked for AARP and AARP Services for 11 years and held the title of director of program management at the time of his termination in February 2018, charges in his lawsuit that AARP officials falsely accused him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

The lawsuit says AARP Services cited these alleged violations as the reason for its decision to fire him.

But, according to a 26-page amended complaint filed by Deus’s attorney in D.C. Superior Court, Deus sought and received permission from his supervisor and an official with the AARP’s general counsel’s office to take two separate trips, one to New Orleans and the other to New York City, as being work related.

The New Orleans trip involved attending the Sugar Bowl football game at the invitation of the Allstate insurance company, which has a longstanding business relationship with AARP Services, the lawsuit says. The trip to New York involved seeing a show with a vendor after the workday, according to the lawsuit.

The lawsuit identifies as many as a dozen or more other AARP and AARP Services employees who have taken business trips like the two taken by Deus who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

“Despite the fact that heterosexual employees were permitted to participate in work related trips to sporting events, Plaintiff was terminated purportedly for taking a work-related trip to the Sugar Bowl after receiving approval,” the complaint says.

“Terminating Plaintiff’s employment as a result of his work-related trip to the Allstate Sugar Bowl after his supervisor and the General Counsel’s office approved the trip and despite that other AARP employees participated in the same business-related activity without adverse actions being taken against any of them, is discriminatory on the basis of Plaintiff’s sexual orientation and marital status, in violation of the D.C. Human Rights Act,” the complaint states.

The Washington Blade attempted to obtain a response from the AARP to the allegations made in the Deus lawsuit, but an official said the AARP would have no comment at this time.

“Thank you for reaching out but we do not comment on pending legal matters,” said Colby Nelson, AARP’s Senior External Relations Director, in an email to the Blade.

In its response to the lawsuit filed in court, AARP Services denies it engaged in discrimination against Deus.

“All decisions made by Defendants with respect to Mr. Deus’ employment were based solely on legitimate, non-discriminatory reasons, wholly without regard to his sexual orientation, marital status, and/or any other protected classification, and were made in good faith and in compliance with applicable laws,” a Nov. 8, 2018, court filing by AARP Services says.

As part of its defense, AARP Services also filed a counterclaim against Deus, accusing him of obtaining the reimbursement of $2,155.14 for travel expenses “through fraud.” The counterclaim says Deus refused a request that he repay the reimbursement payment. It calls on the court to order him to repay the reimbursement plus interest incurred since the time the money was given to him and to pay for attorney’s fees.

Deus’s attorney, Darrell Chambers, said the allegations in the counterclaim are false and called it a form of retaliation against Deus for filing his discrimination lawsuit.

Deus’s lawsuit calls for a judgement against AARP Services of $10 million, $5 million for compensatory damages and $5 million for punitive damages, along with attorney’s fees and court costs.

“I took hundreds of business trips for AARP over the course I was there for 11 years,” Deus told the Blade. “I did what everybody else did,” he said, adding that his trips helped AARP and AARP Services obtain millions of dollars in revenue through arrangements with businesses supportive of AARP.

On its website, AARP Services, Inc. describes itself as the “professional services arm of AARP,” adding, “we support the Association’s mission of disrupting aging by helping bring new products to drive market innovation and build richer connections with consumers.”

Deus told the Blade he was dedicated to helping AARP fulfill its mission in supporting the nation’s seniors and his firing came as a devastating blow.

Court records show that at the request of the judge presiding over the case, two attempts were made to reach a conciliation agreement to settle the lawsuit, but no agreement could be reached.

The lawsuit says AARP allegedly fired at least one other gay employee, who also filed suit and an out-of-court settlement was reached. The terms of the settlement have not been publicly disclosed.

Court records also show that at the request of AARP Services, D.C. Superior Court Judge Shana Frost Matini, who is presiding over the case, agreed to a motion by AARP Services to dismiss two AARP officials named in the lawsuit as defendants and to dismiss the lawsuit’s claim of negligence against AARP Services for its firing of Deus.

Attorney Chambers said the judge dismissed the two officials because a third AARP Services official named in the lawsuit as a defendant admitted to making the decision to fire Deus.

Court records show that the judge denied motions by AARP Services to dismiss the entire case, upholding for trial the allegations of sexual orientation and marital status discrimination.

“At this time, Rick would like to share his story,” attorney Chambers told the Blade in a statement. “As a gay man who has lived in D.C. for 22 years and was discriminatorily fired by an organization that states they are gay friendly, Rick believes that his story should be heard,” Chambers said.

“The fact that he has been entrenched in a bitter and expensive legal battle with AARP Services, Inc. for five years is a cautionary tale for anyone interested in an employment relationship with AARP,” he said.

Court records show that a trial for the case has been scheduled for Feb. 12, 2024.

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District of Columbia

Both sides propose revised orders in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Michael Key)

An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.

Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.

Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.

After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.

Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.

He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.

The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.   

Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.

The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”

The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.

Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.

But the proposed order Capital Pride at first submitted at the April 29 hearing  also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.

At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.

Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”

At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.  

In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.

Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.

Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”

“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.

“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.

“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.

“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing.  “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”

He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”

This story will be updated when the judge issues his revised stay away order.

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District of Columbia

U.S. Attorney’s Office fails to reinstate hate crime charge in anti-gay assault

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(Photo by chalabala/Bigstock)

The Office of the U.S. Attorney for D.C., which prosecutes criminal cases in the District, has decided not to reinstate a hate crime designation filed by D.C. police against a man arrested in February for allegedly assaulting a gay man while using “homophobic slurs.”

After prosecutors with the U.S. Attorney’s Office initially dropped the hate crime designation filed by police shortly after the alleged attacker was arrested on Feb. 7, a spokesperson for the office told the Washington Blade the case was still under investigation, and additional charges could be filed.

“We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them,” a statement released by the office in February said. 

But D.C. Superior Court records show the case against defendant Dean Edmundson, 26, of Germantown, Md., who is now charged with Simple Assault without a hate crime designation, is scheduled to go to trial on Aug. 18.

The U.S. Attorney’s Office this week did not immediately respond to a message from the Blade asking why it chose not to reinstate the hate crime designation.

An affidavit in support of the arrest filed in court by D.C. police appears to support the charge of a hate crime designation. It says the incident occurred around 7:45 p.m. on Feb. 7 at the intersection of 14th and Q Streets, N.W., which is near two D.C. gay bars.

“The victim stated that they refused to High-Five Defendant Edmundson, which, upon that happening, Defendant Edmundson started walking behind both the victim and witness, calling the victim bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit says, adding, “The victim stated that they felt offended and that they were also gay.”     

Under D.C.’s Bias Related Crimes Act of 1989, penalties for crimes motivated by prejudice and hate against individuals based on race, religion, sexual orientation, gender identity disability, and homelessness can be enhanced by a judge upon conviction by one and a half times greater than the penalty of the underlying crime. 

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District of Columbia

Community mourns passing of D.C. trans rights advocate SaVanna Wanzer

Acclaimed activist credited with founding D.C. Trans Pride

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SaVanna Wanzer (Washington Blade file photo by Michael Key)

Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away. 

A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.

Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.

 “As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.

“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.

In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations. 

“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.

“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.

In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors 

“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds

In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.

Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected  Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.

The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.  

“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”

Mayor Muriel Bowser posted a remembrance on social media: “I am deeply saddened by the passing of SaVanna Wanzer. SaVanna Wanzer’s impact spans more than three decades in Washington, DC. The founder of DC Trans Pride, DC Black Trans Pride, and May Is All About Trans, she was a fierce advocate and a beloved leader. We are grateful for SaVanna’s commitment to making sure that transgender people—especially Black trans residents—are visible and respected.

“Her legacy lives on in the communities she built and the countless lives she touched. My condolences are with all who loved SaVanna Wanzer.”

The family member said funeral arrangements are expected to be announced early next week. This story will be updated.

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