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Cherry Fund files lawsuit  against Republiq Hall

LGBTQ nonprofit says breach of contract led to $137,000 in lost revenue

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Cherry Fund claims Republiq Hall canceled a contract for one of its popular events. (Washington Blade file photo by Michael Key)

Cherry Fund, the D.C.-based nonprofit organization that has raised money for HIV/AIDS, mental health, and LGBTQ organizations for the past 27 years, filed a lawsuit in D.C. Superior Court on May 31 charging Republiq Hall, a large entertainment venue in Northeast D.C, with abruptly and improperly cancelling Cherry Fund’s reservation to rent the hall for an April 6 event expected to draw 2,000 paid guests.

The event was to be one of several circuit dance parties that Cherry Fund produces as part of its annual Cherry weekend in April, which has raised several million dollars for LGBTQ related organizations since the Cherry weekend  events began in 1996.  

The lawsuit, which charges Republiq Hall with breach of contract, says the contract signed by the two parties in January called for Cherry Fund to pay Republiq Hall an initial deposit of $3,500 on Jan. 10, 2024, to be applied to a nonrefundable rental fee totaling $7,000 for the one-time use of the space on April 6.

Republiq Hall is located in a large former warehouse building at 2122 24th Place, N.E., near the intersection of Bladensburg Road and New York Avenue. 

According to the lawsuit, under the contract, Cherry Fund “was responsible for promoting the event, booking talent, and managing ticket sales,” with Cherry Fund to “retain all door fee revenues and a percentage of the net bar sales.”

The lawsuit states, “On February 28, after Plaintiff had already begun promoting the event and booking talent, the Defendant unilaterally and without just cause demanded an additional $9,000 from the Plaintiff. When the Plaintiff refused to pay the additional amount, the Defendant cancelled the reservation.”

 As a result of Republiq Hall’s action, the lawsuit states, Cherry Fund was “forced to book an alternative venue with significantly less capacity, resulting in substantial financial losses.” 

It says as a direct result of the alleged breach of contract, Cherry Fund “suffered financial damages in the amount of $130,000 in lost door fees and $7,000 in a lost percentage of the net bar sales that were estimated to be collected on the date of the event.”

A spokesperson for Republiq Hall did not respond to a phone message from the Washington Blade requesting a comment and a response to the lawsuit’s allegations.

Court records show that Superior Court Judge Juliet J. McKenna, who is presiding over the case, scheduled an initial hearing for the case on Sept. 6. McKenna issued an order providing guidance for how a civil litigation case should proceed that includes a requirement that Republiq Hall must file a response to the lawsuit within 21 days of being officially served a copy of the lawsuit complaint.

Sean Morris, the Cherry Fund president, issued a statement expressing disappointment over the developments leading to the lawsuit.

“Our organization, powered by volunteer efforts, relies on our annual event to fundraise for local non-profits,” he said. “This abrupt and unforeseen demand, and subsequent cancellation, has severely affected our ability to support vital community programs focused on HIV/AIDS, mental health, and LGBTQ+ advocacy,” Morris says in his statement.

The lawsuit concludes by stating, “The Plaintiff, the Cherry Fund, respectfully requests the following relief: Direct compensatory damages for the lost benefits it was entitled to under the terms of the contract; Restitution for the benefits retained by the Defendant in unjust enrichment; Reasonable attorney fees and costs of this action; and Any other relief this court deems just and proper.”

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District of Columbia

Sentencing for Ruby Corado postponed for second time

Former Casa Ruby director pleaded guilty to wire fraud

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Ruby Corado’s sentencing is now scheduled for April 29. (Washington Blade file photo by Ernesto Valle)

The sentencing in D.C. federal court for Ruby Corado, the founder and executive director of the now-defunct LGBTQ community services organization Casa Ruby on a charge of wire fraud, has been postponed for the second time, from March 28 to April 29.

A spokesperson for U.S. District Court Judge Trevor N. McFadden, who is presiding over the case, said it was the judge who postponed the sentencing due to a scheduling conflict. The earlier postponement, from Jan. 10 to March 28, came at the request of Corado’s attorney and was not opposed by prosecutors with the Office of the U.S. Attorney for D.C.

Corado pleaded guilty on July 17, 2024, to a single charge of wire fraud as part of a plea bargain deal offered by prosecutors. The charge to which she pleaded guilty in U.S. District Court for D.C. says she allegedly diverted at least $150,000 “in taxpayer backed emergency COVID relief funds to private offshore bank accounts for her personal use,” according to a statement from the U.S. Attorney’s office.

Under the federal wire fraud law, for which Corado is being prosecuted, she could be subjected to a possible maximum sentence of up to 20 years in prison, a fine of up to $250,000, and restitution requiring her to repay the funds she allegedly stole.

Court observers, however, have said that due to Corado’s decision to waive her right to a trial and plead guilty to the lesser charge, prosecutors will likely ask the judge to hand down a lesser sentence than the maximum sentence.

An earlier criminal complaint filed against Corado, which has been replaced by the single charge to which she has pleaded guilty, came at the time the FBI arrested her on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador.

At the request of her attorney and against the wishes of prosecutors, another judge at that time agreed to release Corado into custody of her niece in Rockville, Md., under a home detention order. The release order came seven days after Corado had been held in jail at the time of her March 5 arrest.

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District of Columbia

Harvey Fierstein says he was banned from Kennedy Center

Gay icon called out President Donald Trump

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Harvey Fierstein (Photo courtesy of Knopf)

Gay icon and film legend Harvey Fierstein, 72, announced in an Instagram post on Tuesday that he was banned from the Kennedy Center as a result of President Donald Trump’s sweeping anti-LGBTQ measures in the performing space. 

Fierstein, who is a longtime fixture of queer storytelling both on screen and on stage, took to social media to criticize Trump for his recent decisions to take control of the John F. Kennedy Center for the Performing Arts and to hide — if not erase — LGBTQ art, and sounds the alarm for the future of the United States. 

In the picture posted on Instagram, Fierstein alongside LGBTQ rights activist Marsha P. Johnson is walking in the Christopher Street Liberation Day parade in 1979, with the caption beginning with “I have been banned from THE KENNEDY CENTER.”

The multiple Tony Award-winning artist, who may be best known for “Torch Song Trilogy,” “La Cage aux Folles,” and “Kinky Boots,” to name a few, went on to explain his thoughts on Trump’s very public takeover of the national cultural center.

“A few folks have written to ask how I feel about Trump’s takeover of The Kennedy Center. How do you think I feel? The shows I’ve written are now banned from being performed in our premier American theater. Those shows, most of which have been performed there in the past, include, KINKY BOOTS. LA CAGE AUX FOLLES, TORCH SONG TRILOGY, HAIRSPRAY, SAFE SEX, CASA VALENTINA, SPOOKHOUSE, A CATERED AFFAIR, THE SISSY DUCKLING, BELLA BELLA and more.”

“I have been in the struggle for our civil rights for more than 50 years only to watch them snatched away by a man who actually couldn’t care less,” the post continued. “He does this stuff only to placate the religious right so they’ll look the other way as he savages our political system for his own glorification. He attacks free speech. He attacks the free press. He attacks America’s allies. His only allegiance is to himself – the golden calf.”

Fierstein then issued a warning for Americans, remarking that removing works that don’t align with Trump’s personal agenda represents a slippery slope that can lead to the erosion of democracy and emergence into fascism.  

“My fellow Americans I warn you – this is NOT how it begins. This is how freedom ENDS!”

He finished the post with a call to action for Americans to recognize and confront Trump’s injustice. 

“Trump may have declared ‘woke’ as dead in America. We must prove him wrong. WAKE THE HELL UP!!!!!”

The post seemingly also pushes back on the Trump administration’s choice to remove any mention of transgender people from the Stonewall National Monument’s website by including Marsha P. Johnson in his post. 

Since its upload on Tuesday, the post has gained more than 14,000 likes and 300 comments supporting Fierstein.  

Trump’s reported banning of Fierstein from the Kennedy Center comes amid the president’s drastic overhaul of the cultural venue after calling out “woke” programming on its stages, including a drag show. His actions signal a broader effort to reshape the nation’s artistic landscape to align with his administration’s ideology.

The Kennedy Center couldn’t immediately be reached to confirm Fierstein’s claims. This post will be updated.

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District of Columbia

Town nightclub lawsuit against landlord dismissed in September

Court records show action was by mutual consent

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The former St. Phillips Baptist Church at 1001 North Capitol St., N.E., was slated to be the new home of Town 2.0. (Washington Blade photo by Lou Chibbaro, Jr.)

A lawsuit filed in April 2024 by Town 2.0, the company that planned to reopen the popular LGBTQ nightclub Town in a former church on North Capitol Street that accused its landlord of failing to renovate the building as required by a lease agreement was dismissed in a little-noticed development on Sept. 6, 2024.

A document filed in D.C. Superior Court, where the lawsuit was filed against Jemal’s Sanctuary LLC, the company that owns the church building, shows that a “Stipulation of Dismissal With Prejudice” was jointly filed by the attorneys representing the two parties in the lawsuit and approved by the judge.

Jemal’s Sanctuary is a subsidiary of the Douglas Development Corporation, one of the city’s largest real estate development firms. 

An attorney familiar with civil litigation who spoke to the Washington Blade on condition of not being identified said a stipulation of dismissal indicates the two parties reached a settlement to terminate the lawsuit on conditions that are always confidential and not included in court records.

The attorney who spoke with the Blade said the term “with prejudice” means the lawsuit cannot be re-filed again by either of the two parties.

The public court records for this case do not include any information about a settlement or the terms of such a settlement. However, the one-sentence Stipulation Of Dismissal With Prejudice addresses the issue of payment of legal fees.

“Pursuant to Rule 41(a) of the District of Columbia Superior Court Civil Rules, Plaintiff Town 2.0 LLC and Defendant Jemal’s Sanctuary LLC, by and through their undersigned counsel, hereby stipulate that the lawsuit be dismissed in its entirety, with prejudice, as to any and all claims and counterclaims asserted therein, with each party to bear its own fees and costs, including attorneys’ fees.”

The Town 2.0 lawsuit called for the termination of the lease and at least $450,000 in damages on grounds that Jemal’s Sanctuary violated the terms of the lease by failing to complete renovation work on the building that was required to be completed by a Sept. 1, 2020 “delivery date.”

In response to the lawsuit, attorneys for Jemal’s Sanctuary filed court papers denying the company violated the terms of the lease and later filed a countersuit charging Town 2.0 with violating its requirements under the lease, which the countersuit claimed included doing its own required part of the renovation work in the building, which is more than 100 years old.

Court records show Judge Maurice A. Ross, who presided over the case, dismissed the countersuit at the request of Town 2.0 on Aug. 20, 2024, on grounds that it was filed past the deadline of a three-year statute of limitations for filing such a claim.

Neither the owners of Town 2.0, their attorney, nor the attorney representing Jemal’s Sanctuary responded to a request by the Washington Blade for comment on the mutual dismissal of the lawsuit.

Town 2.0 co-owner John Guggenmos, who also owns with his two business partners the D.C. gay bars Trade and Number Nine, did not respond to a question asking if he and his partners plan to open Town 2.0 at another location.

What was initially known as Town Danceboutique operated from 2007 to 2018 in a large, converted warehouse building on 8th Street, N.W., just off Florida Avenue. It was forced to close when the building’s owner sold it to a developer who built a residential building in its place.

It was the last of the city’s large LGBTQ dance hall nightclubs that once drew large crowds, included live entertainment, and often hosted fundraising events for LGBTQ community organizations and causes.  

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