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Maryland to take up marriage, trans bills

Lawmakers return next week; supporters plan Feb. lobbying events

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Martin O'Malley, gay news, gay politics dc

Maryland Gov. Martin O’Malley announced plans last year to include a same-sex marriage bill as part of his administration’s legislative package in 2012. (Washington Blade file photo by Michael Key)

Bills calling for legalizing same-sex marriage and banning discrimination against transgender persons are among the hot-button issues set to emerge next week when the Maryland State Legislature begins its 2012 session.

Officials with an expanded coalition backing the marriage bill and a new transgender advocacy group leading the effort on behalf of the Gender Identity Non-Discrimination Act say they are hopeful that the legislature will pass both measures before it adjourns for the year in April.

“It’s all hands on deck with both bills,” said Carrie Evans, executive director of the statewide LGBT group Equality Maryland. “We’re talking to many lawmakers, including Republicans.”

Evans and others working on the two bills were cautious about predicting when leaders of the Maryland Senate and House of Delegates will bring the measures up for a vote, saying control over the timing of the bills was exclusively in the hands of the lawmakers.

Supporters were also cautious about disclosing strategy for defeating an expected voter referendum that experts say will almost certainly be brought before the electorate in November – in the midst of the U.S. presidential election – if the Maryland Legislature passes a marriage bill this spring.

Public opinion polls show voters in the state are evenly divided over whether to vote for or against same-sex marriage.

Under rules of the Maryland Legislature, the committees with jurisdiction over the bills must hold a public hearing on the marriage and gender identity bills, even though the two bills were the subject of lengthy and contentious hearings less than a year ago during the legislature’s 2011 session.

The Democratic-controlled Senate approved the marriage bill last March in what supporters called an historic 25-21 vote. But the Democratic-controlled House of Delegates killed the measure for the year by voting to send it back to committee after supporters determined they were a few votes short of the 71 votes needed to pass it in the 141-member House.

In what some called an ironic twist, the House of Delegates passed the transgender bill last year before the Senate killed it by voting to send it back to a Senate committee. Senate President Thomas V. Mike Miller (D-Prince George’s and Calvert Counties) reportedly orchestrated the decision to hold off on a Senate vote, saying a number of key supporters changed their minds and threatened to vote against the bill.

Shortly after the defeat of the marriage bill last year, supporters led by the Human Rights Campaign formed Marylanders for Marriage Equality, an expanded coalition of organizations with a track record of political clout with state lawmakers. Among the coalition partners are the NAACP of Baltimore, the Maryland ACLU, and the Service Employees International Union (SEIU). The National Gay and Lesbian Task Force, Equality Maryland and HRC are also members of the coalition.

Coalition spokesperson Kevin Nix of HRC has said each coalition partner brings unique skills and expertise to the lobbying effort on behalf of the marriage bill.

But coalition officials haven’t disclosed which, if any, lawmakers who were uncommitted or against the bill last year have indicated support this time around.

“The good news and the bad news is the legislators are the same,” said Mark McLaurin, a gay man who serves as political director for the Local 500 of the SEIU of Maryland.

He noted that having the same players is helpful to a degree because they are already informed on the marriage and transgender bills. But McLaurin cautioned that with no election taking place since the 2011 legislative session, it may be hard to line up the additional supporters needed to pass the bills.

“Quite frankly, despite the great work that’s been done since the last session, I haven’t heard very many announced conversions from no to yes,” he said. “So in many respects I feel we’re in the same place that we were.”

Like others lobbying for the marriage bill, McLaurin said he is hopeful that Gov. Martin O’Malley’s decision to include the marriage and transgender bills as part of his legislative package this year will provide an important boost for both measures.

McLaurin, a former board member of Equality Maryland, criticized LGBT advocates and supportive lawmakers last year for their decision to withdraw the marriage bill from the House rather than bring it up for a vote. He said a vote would have helped in the lobbying efforts this year by identifying for certain where lawmakers stand on the marriage measure.

Other supporters disagree with that view, saying a vote last year would have forced wavering House members to take a position, possibly against the bill, making it more difficult for them to vote for it this year without being labeled as “flip-floppers.”

Veteran transgender advocate Dana Beyer, executive director of Gender Rights Maryland, the newly formed statewide group, said a number of important developments since the transgender bill died in the legislature last year have given the bill “great momentum” this year.

Among the developments are O’Malley’s strong endorsement of the bill and his pledge to make it one of his legislative priorities, said Beyer. She noted that O’Malley responded, in part, to the flurry of publicity surrounding the beating of transgender woman Chrissy Lee Polis at a McDonald’s restaurant outside Baltimore in April. The beating, which was captured on video taken by a McDonald’s employee, created a national sensation and boosted support in Maryland for transgender non-discrimination legislation.

In two other developments, the Howard County, Md., legislature passed a gender identity non-discrimination bill in December and the Eleventh Circuit U.S. Court of Appeals ruled that same month that a transgender woman fired from her job in Georgia was protected from discrimination by the U.S. Constitution’s equal protection clause barring gender-related discrimination.

“All of these things are giving this bill tremendous momentum,” Beyer said. “I feel really good about where things stand.”

Opposition to the marriage bill, coordinated last year by the National Organization for Marriage, is being spearheaded this year by the Maryland Marriage Alliance, a state coalition with ties to NOM.

“Special interest groups are pressuring politicians in Annapolis to redefine marriage in Maryland – despite the strong opposition of a majority of Maryland citizens,” the group says on its website. “A large outcry throughout the state convinced our elected officials last year to reject this drastic action, but the threat is raising its head again,” the web message says.

The group is calling on Marylanders to send contributions to support its effort to oppose the marriage equality bill and to “protect” marriage as a union of “one man and one woman.”

It has announced plans for a rally against the bill in Annapolis early this year and is encouraging churches to call on their congregations to oppose the bill on a regular basis during Sunday sermons.

Supporters of the marriage bill say the approval of a similar bill by the New York Legislature last year, under the strong leadership of New York’s Democratic governor, Andrew Cuomo, would also help the effort in Maryland.

Leaders of Marylanders for Marriage Equality, including HRC officials involved with the coalition, have yet to disclose their views on possible changes in the wording of the Maryland bill. But speculation has surfaced that O’Malley and supportive lawmakers in the legislature might follow Cuomo’s decision to add a new provision to expand the bill’s exemption for religious organizations.

Cuomo reportedly persuaded some wavering lawmakers to support the New York marriage bill by agreeing to add a provision that allows religious organizations other than churches, including some businesses, to refuse to rent their facilities or provide services, such as catering or the sale of wedding gowns, for same-sex marriages.

Gay rights groups that had been opposed to such exemptions went along with Cuomo’s backing of the exemptions.

When asked about a possible broadening of the religious exemption provision of the Maryland marriage bill, Nix, the spokesperson for Marylanders for Marriage Equality, said only, “Governor O’Malley is committed to ensuring that religious institutions are protected under Maryland law.”

Equality Maryland, meanwhile, announced this week a series of events and activities it will sponsor to push for the marriage bill. Among them are nightly phone banks staffed by volunteers across the state; a Feb. 1 prayer breakfast and Clergy Lobby Day in Annapolis; and a Feb. 13 lobby day in Annapolis in which LGBT advocates from across the state will visit their representatives to urge support for the marriage bill.

“Equality Maryland will also work with Gender Rights Maryland to pass a bill that will add protections in existing anti-discrimination laws for transgender individuals,” according to a statement issued this week by Equality Maryland.

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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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Rehoboth Beach

Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands

$4.5 million listing includes real estate; business sold separately

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The real estate at Rehoboth’s Blue Moon is for sale for $4.5 million. (Washington Blade photo by Michael Key)

Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.

Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.

“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”

Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million. 

The bar and restaurant business is being sold separately; the price has not been publicly disclosed. 

But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment. 

“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.” 

He said there have been many inquiries and they’ve considered some offers but nothing is firm yet. 

Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.

“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.

You can view the real estate listing here.

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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