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District of Columbia

Capital Stonewall Democrats host forum on proposed ranked choice voting, open primaries

Initiative 83 supporters, opponents attended event at Shakers

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Vote No On Initiative 83 leader Deirdre Brown, front left, joins pro-Initiative 83 leader Phil Pannell, front right, in a friendly toast following their sometimes-heated debate over the proposed D.C. ballot measure hosted by the LGBTQ group Capital Stonewall Democrats and held at the gay bar Shakers. Standing behind Brown and Pannell are Capital Stonewall Dems President Mike Haresign, at left, the group’s vice president, Monica Nemeth, and secretary, Howard Garrett Jr. (Washington Blade photo by Lou Chibbaro, Jr.)

The Capital Stonewall Democrats, one of D.C.’s oldest LGBTQ political organizations, hosted a forum on on Monday night, Feb. 19, on the proposed D.C. ballot measure known as Initiative 83, which calls for the city to put in place a ranked choice voting system and for party primaries to be open to all registered voters regardless of their party affiliation, including independent voters.

The forum included presentations by one of the leading supporters and a leading opponent of the controversial initiative. Longtime D.C. LGBTQ rights and Ward 8 community activist Phil Pannell, who serves as treasurer of Make All Votes Count DC, the lead organization advocating for Initiative 83, spoke on behalf of the initiative.

Deirdre Brown, who identified herself as a longtime Ward 3 Democratic Party member and LGBTQ community ally, spoke on behalf of Vote No on Initiative 83, the lead group opposing the initiative. 

Brown pointed out that her organization was separate and distinct from the D.C. Democratic Party, which also opposes Initiative 83 and has filed a lawsuit in D.C. Superior Court to prevent the measure from being placed on the ballot. A judge was expected to hand down a ruling on whether the lawsuit should be dismissed or continue at a Feb. 23 hearing. 

Capital Stonewall Democrats President Michael Haresign, who introduced both speakers, told the Washington Blade after the event, which was held at the D.C. gay bar Shakers, that the LGBTQ Democratic group may not take an official position on Initiative 83. He said that if it does take a position, it would not do so until later this year if the initiative is approved for placement on the ballot in the city’s November election. 

An informal survey of local LGBTQ activists conducted by the Blade shows the LGBTQ community appears divided over Initiative 83, with prominent activists emerging as both supporters and opponents of the measure.

In his presentation in support of Initiative 83, Pannell called ranked choice voting an important electoral reform that has worked successfully in many states and cities across the country. He noted that ranked choice voting serves as an instant, automatic runoff election if no candidate receives at least 50 percent of the vote in a primary or general election. 

As proposed, Initiative 83 would allow voters to rank candidates running for office in order of their preference. Under this system, if no candidate receives at least 50 percent of the vote during the initial ballot counting process, the candidate with the lowest number of votes is eliminated. 

The votes cast by voters who picked that candidate as their top choice would then go to their second-choice candidate. This process would continue, under the ranked choice system, until at least one candidate emerges with at least 50 percent of the votes and is declared the winner.

The second part of Initiative 83 would allow more than 80,000 D.C. residents who currently choose not to register as a member of one of the local political parties and who are not allowed to vote in a primary, to vote in the city’s primary elections, including the Democratic primary. Political observers point out that the Democratic primary usually decides who will win the general election in D.C, where registered voters overwhelmingly elect Democratic candidates to public office. 

“In terms of ranked choice voting, it’s very basic,” Pannell told the gathering. “You have to start with , do you believe people who are elected should have a simple majority of the vote? If you don’t believe that, I’m not going to be able to convince you,” he said. 

Pannell pointed out that in recent D.C. elections, under the city’s public campaign finance law, as many as 20 candidates have run for both at-large and ward seats on the DC Council, with some of them winning with just 30 percent or even a little over 20 percent of the vote. 

Calling himself a lifelong, loyal member of the Democratic Party, Pannell criticized party leaders for opposing what he calls broadening the democratic process by allowing all residents to vote in primaries, especially independents, and for opposing a ranked choice voting system that Pannell said also broadens the electoral consensus by requiring that a candidate receive at least 50 percent of the vote to win an election.

“Initiative 83 will make politics more inclusive, less divisive,” he told the forum. “Let’s embrace it. Closed primaries are the result of closed hearts and closed minds,” he said. “Let’s open the windows and the doors … Let’s change our party for the better and vote for Initiative 83.”

Brown, who also described herself as a loyal Democratic Party member from Ward 3 and a native Washingtonian, disputed arguments by Pannell and his colleagues in support of Initiative 83, saying the democratic process is alive and well under the current D.C. electoral system and backers of Initiative 83 are waging a “propaganda campaign” to confuse voters.

Among other things, she said it’s not an infringement of democracy by requiring people to register for a party to vote in a party primary. All they need to do is register under D.C.’s rapid registration system, vote in a primary, and then withdraw their registration at any time. She also said independent voters, who Initiative 83 supporters say have a right to vote in primaries, often do not agree with the principles of the Democratic Party.

“And normally independents will tell you I’m independent because I don’t believe in Democratic Party values. I don’t believe in Republican Party values. I don’t believe in statehood values,” she told the gathering. “So, the question becomes, is it okay for people who don’t share your values to pick your leaders? There is no other club or organization that allows people who are not members to pick their leaders. It’s just that simple,” she said.

“That’s not disenfranchising you,” Brown added. “You just have to choose whether you want to work within a party to promote their values and issues or not. And if you don’t, that’s okay, that’s your choice. But you just then don’t get to vote until we get to the general election.”

Regarding ranked choice voting, Brown cited studies conducted by independent research organizations, including universities, that she said show it “marginalizes black and brown voters,” voters in low-income neighborhoods, and voters whose native language is not English, many of whom, she said, become confused by the ranked choice voting system. 

She also disputed claims by ranked choice voting supporters that citizens already participate in a ranked choice system in everyday life, including D.C.’s ranked choice public school lottery system, and public housing system and a ranked choice voting system will be similarly easy to understand.

Brown pointed out that unlike the school lottery or public housing system, where making a mistake will not result in serious consequences, ranked choice voting usually doesn’t accommodate people who fill out the ballot incorrectly.

“If you make a mistake if you undervote, overvote, your ballot is thrown out,” she said.

Brown concluded by pointing out that financial reports filed by supporters of Initiative 83 filed with the D.C. Office of Campaign Finance shows large sums of money backing the initiative are coming from out of state Political Action Committees or PACS as well as large corporations. 

During a rebuttal period, Pannell pointed to other studies he said show that minority voters, especially African American voters, do not have a problem with ranked choice voting, calling it an insult to say Black people and other minorities who would not adopt to ranked choice voting. 

He said Brown’s suggestion that there was something wrong with out of state organizations contributing money to a political cause was unfair and baseless.

“I’m the treasurer of this campaign,” he said. “And anyone who knows me knows that  I will not play tricks and trash with any political cash,” he told the forum. “And this is in the same way that we in the LGBTQ community had to get donations from outside the city when we were fighting for our rights,” Pannell said. “There is nothing wrong with getting donations from outside of D.C. Candidates do it all the time.”

Pannell drew objections from Brown and other Initiative 83 supporters at the Capital Stonewall Democrats forum when he added, “If we’re going to talk about donations, check out the donations going to the Vote No On 83 committee. And you will see that two of the most virulent opponents of marriage equality are contributors to that committee.”

Brown replied that she and others involved in the No On 83 campaign are not aware of all the political views of the hundreds of mostly small donors who contribute to their committee. She said an examination of the donors for the Make All Votes Count DC committee might also find some who at one time expressed opposition to LGBTQ rights. 

One person who attended the forum, who spoke on condition of not being identified, said they believed the two individuals Pannell was referring to, who Pannell said were officials with the D.C. Democratic State Committee, supported holding a voter referendum to decide on whether same-sex marriage should be legalized in D.C. The source said the two did not specifically oppose same-sex marriage but wanted the voters to decide the issue rather than the D.C. Council. 

As it turned out, the DC Board of Elections rejected the matter as a voter referendum on grounds that the D.C. Home Rule Charter bans voter initiatives or referendums that could lead to discrimination against minority groups, including LGBTQ people. Opponents of same-sex marriage appealed the election board’s decision to the courts and lost in a final ruling by the U.S. Supreme Court, which upheld a lower D.C. court ruling agreeing with the election board’s decision. 

After Pannell and Brown concluded their remarks, Haresign opened the forum to questions from those attending the meeting in person as well as those watching on the organization’s Facebook page. The questioners who expressed their own views on Initiative 83 appeared to be divided evenly among the measure’s supporters and opponents. 

“I think the forum went well,” Haresign told the Blade. “We were able to get a high level of information,” he said. 

“If we were to take a position it would be after everything is certified and we have a full membership vote,” Haresign said, referring to Initiative 83 being certified by the Board of Elections to be on the ballot in November. 

Under D.C. election rules, the board’s certification would come after the lawsuit is dismissed or settled and after Initiative 83 supporters obtain the required number of petition signatures to place the measure on the ballot.  

Pannell urged Capital Stonewall Democrats members and others in the LGBTQ community to sign the petition to get the measure on the ballot, even if they don’t support it, saying voters should be given the right to decide the issue.

Brown disagreed, saying “I’m asking you if you believe in I-83, then go ahead and sign the petition. But if you do not, I’m asking you not to sign the petition.”

The video recording of the Capital Stonewall Democrats forum can be accessed here:

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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District of Columbia

Trial begins for man charged with throwing sandwich at federal agent

Jury views video of incident that went viral on social media

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Posters depicting Sean Charles Dunn throwing a sandwich quickly appeared around the city last summer. (Blade photo by Joe Reberkenny)

Prosecutors showed jurors a video of Sean Charles Dunn throwing a sub sandwich into the chest of a U.S. Customs and Border Protection agent at the bustling intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10 of this year on the opening day of Dunn’s trial that has drawn national attention.

According to a knowledgeable source, Dunn threw the sandwich at the agent after shouting obscenities at him and other federal law enforcement officers who were stationed at that location after he was refused admission to the nearby gay bar Bunker for being too intoxicated.

Charging documents and reports by witnesses show that Dunn expressed outrage that the federal officers were stationed there and at other locations in D.C. under orders from President Donald Trump  to help curtail crime in the city.

Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge, but the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” a criminal complaint states, “pointed his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!” 

The complaint adds, “Dunn continued his conduct for several minutes before crossing the street and continuing to yell obscenities at V-1. At approximately 11:06 p.m. Dunn approached V-1 and threw a sandwich at him, striking V-1 in the chest.”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.”

At the opening day of testimony at the trial on Tuesday, Nov. 4, V-1, who was identified as Customs and Border Patrol Agent Gregory Lairmore, testified as the first government witness. Also testifying was Metro Transit Police Detective Daina Henry, who said she was present at the scene and saw Dunn throw the sandwich at Lairmore.

The position taken by Dunn’s defense attorneys is outlined in a 24-page memorandum in support of a motion filed on Oct. 15 calling for the dismissal of the case, which was denied by U.S. District Court Judge Carl J. Nichols.

“This prosecution is a blatant abuse of power,” the defense memo states. “The federal government has chosen to bring a criminal case over conduct so minor it would be comical – were it not for the unmistakable retaliatory motive behind it and the resulting risk to Mr. Dunn.”

It adds, “Mr. Dunn tossed a sandwich at a fully armed, heavily protected Customs and Border Protection {CBP} officer. That act alone would never have drawn a federal charge. What did was the political speech that accompanied it.” 

The trial was scheduled to resume at 9 a.m. on Wednesday, Nov. 5.

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District of Columbia

D.C. mayor announces use of local funds for SNAP food aid

Md., Va. arrange for similar local replacement of federal money

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Mayor Muriel Bowser has arranged for at least $129 million in local D.C. funds to be used for SNAP. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser announced on Oct. 30 that she has arranged for at least $129 million in local D.C funds to be used to support as many as 141,000 D.C. residents in need who depend on the federal food assistance programs known as SNAP and WIC whose funding will be cut off beginning Nov. 1 due to the federal shutdown.

SNAP, which stands for the Supplemental Nutrition Assistance Program, and WIC, the Women, Infants, and Children Program, provide food related services for 10 million or more people in need nationwide.

Maryland Gov. Wes Moore, Virginia Gov. Glenn Youngkin, and Delaware Gov. Matt Meyer also announced similar plans to provide emergency state funds to replace the federal funds cut off beginning Nov. 1 for the two food programs. 

Similar to Bowser, Moore and Youngkin said their replacement funds at this time would only last for the month of November. Each said they were hopeful that Congress would end the shutdown before the end of November.

“We know that SNAP and WIC play a critical role in keeping thousands of Washingtonians and millions of Americans put food on the table each month,” Bowser said in a statement. “We were hopeful it wouldn’t come to this – and we will need the federal government to reopen as soon as possible – but for right now, we’re moving forward to ensure we take care of D.C. residents in November,” she said.

The mayor’s statement says about 85,000 D.C. households, consisting of 141,000 individuals, receive SNAP support each month, with an average monthly allocation of $314. It says more than 12,500 city residents in 8,300 households benefit from the WIC program.  

A spokesperson for the D.C. Mayor’s Office of LGBTQ Affairs couldn’t immediately be reached to determine whether the city has an estimated count of how many LGBTQ residents receive support from the SNAP and SIC programs. 

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