Local
Fenty vs. Gray presents tough choice for LGBT voters
Both seen as gay allies; race triggers shakeup in Council contests

D.C. City Council Chairman Vincent Gray announced this week he will challenge Mayor Adrian Fenty this fall. A third candidate, millionaire developer R. Donahue Peebles, is expected to join the race. (DC Agenda photo by Michael Key)
D.C. City Council Chairman Vincent Gray’s announcement this week that he will challenge Mayor Adrian Fenty in the mayoral race will force many LGBT activists to choose between two strong allies, local activists said.
But as of this week, many of the city’s top gay Democratic activists said they were not ready to take sides in the race, a development that some viewed as a sign that activists have concerns about Fenty.
Gray’s entry in the mayoral contest also opens the way for at least three gay-supportive Council members, whose names have surfaced as possible candidates for Council chair, to enter that race, creating another difficult choice for LGBT voters.
“One way to look at this is it’s a good thing,” said Rick Rosendall, vice president of the Gay & Lesbian Activists Alliance. “It’s a luxury to be able to choose among friends.”
Rosendall and other activists have noted that in many parts of the country, the LGBT community still faces elections where most candidates capable of winning are hostile to their interests.
Some City Hall observers are predicting that Gray’s entry into the mayoral race will also prove to be a major benefit to gay Council candidate Clark Ray, who is challenging Council member Phil Mendelson (D-At Large) in the September Democratic primary.
Mendelson reportedly is seriously considering running for the Council chairman post now that Gray is vacating the seat. Should Mendelson run for that position rather than for re-election to his current at-large seat, Ray would be in a far stronger position to win that contest.
Ray has been campaigning for the seat for nearly a year and has lined up support among many LGBT activists. But Mendelson’s strong record on LGBT rights and his leading role in pushing the city’s same-sex marriage bill to a successful 11-2 vote in December prompted large numbers of LGBT activists and rank and file gay voters to remain loyal to him, according to Mendelson supporters.
Ray told DC Agenda earlier this week that he’s heard rumors that Mendelson might be considering running for the Council chairman position now being vacated by Gray.
“I am focused on my race and running my campaign on the issues that I talked about all along — like education reform and reducing crime,” he said. “So that’s where my focus is.”
Ray said he doesn’t plan to make an immediate endorsement in the mayor’s race.
“I think it’s great for the residents of the District of Columbia to have choices,” he said. “It makes for a better process. So I will be just like the rest of the Washingtonians. I will sit back and watch whomever is in the mayor’s race and I will make my decision on whom I think is the best to lead the city in the next four years.”
A Ray-Mendelson race was expected to divide the gay vote, with many political pundits predicting that Mendelson would win the election due to his strong, citywide support.
Mendelson spokesperson Jason Shedlock said Tuesday that Mendelson would have no immediate comment on speculation that he was considering running for Council chairman.
Council member Jack Evans (D-Ward 2), another longtime supporter of LGBT rights, is also strongly considering entering the Council chairman race, according to Ward 2 political insiders. Others have said that Council member Kwame Brown (D-At Large), an LGBT rights supporter who, like Evans and Mendelson, voted for the same-sex marriage bill, is yet another possible candidate for the Council chairman seat.
Gay Democratic activist Kurt Vondran, a former president of the Gertrude Stein Democratic Club, the city’s largest gay political group, said political insiders are predicting Fenty and Evans would run as a team for mayor and Council chairman. The two have been longtime political allies.
Lining up against them in a rival slate would most likely be Gray and Mendelson, who are not only allies on the Council but longtime Fenty adversaries.
With this as a backdrop, the Stein Club and other LGBT organizations will be forced to walk a fine line to avoid alienating longtime political friends in the city government, who likely would be needed for future LGBT-related initiatives.
Stein Club President Jeffrey Richardson said the club and its officers won’t take sides in the mayoral race until it holds a mayoral candidates forum scheduled for June 14. He said the club will vote on an endorsement at the conclusion of the forum.
Ashley Smith, vice president of the D.C. Coalition of Black Lesbian, Gay, Bisexual & Transgender Men & Women, said his group has no immediate plans to endorse a mayoral candidate and would assess whether to make an endorsement at a later date.
“At this point in time, it’s an open bag,” he said. “People will need to look at the candidates, including other candidates who may enter the race.”
Rosendall noted that his non-partisan group rates candidates rather than endorses them. He said the GLAA will carefully rate all mayoral and Council candidates based on their known records on LGBT issues and their responses to a questionnaire asking their positions on the issues.
But some LGBT activists point to what they perceive to be a strong feeling of dissatisfaction with Fenty — just as public opinion polls have shown is the case among residents in many parts of the city. A Washington Post poll released in late January showed Fenty’s popularity dropping in all parts of the city over the previous two years.
Blacks changed from a 68 percent approval for Fenty in his first year in office to a 65 percent disapproval in the Post’s January 2010 poll. Overall, the Post poll showed 42 percent of D.C. residents approved of the job Fenty was doing compared to 49 percent who expressed disapproval.
The Post poll did not break down its sample to show the sentiment of LGBT voters.
But gay Democratic activist Phil Pannell, a member of the executive committee of the Ward 8 Democratic Committee, said gay and straight residents east of the Anacostia River, which includes wards 7 and 8, appear to be in agreement in their dissatisfaction with Fenty.
“People east of the river are almost 100 percent against Fenty,” he said. “And I don’t see much of a difference between LGBT people and the community as a whole. It’s mostly because of his personality, but also because folks don’t see any real change in their community.”
Pannell said he won’t back a candidate in the race until the Ward 8 Democratic Committee votes on an endorsement later this spring.
Gay Democratic activist Lane Hudson said this week he is supporting Gray for mayor, becoming one of the few LGBT activists so far to take sides in the race.
“My impression is that the LGBT community is very frustrated with Adrian Fenty for never showing up [at community events] except for the high-heel race, never doing anything to really get down to addressing the problems that our community has to deal with,” he said.
Hudson was referring to a concern raised by some LGBT activists that Fenty has declined to attend most LGBT community events, including meetings of LGBT groups. The mayor has attended an annual Halloween high-heel race on 17th Street, N.W., each year since he took office and has also marched in the Capital Pride Parade each year since becoming mayor. The parade, which draws tens of thousands of participants, is part of the city’s annual LGBT Pride events.
While acknowledging that Fenty takes strong pro-LGBT positions on virtually all issues of importance to the community, many activists have complained that he has declined to take a more visible role in speaking out on issues, especially anti-LGBT violence and hate crimes.
The local group Gays & Lesbians Opposing Violence has complained that Fenty has ignored their longstanding calls for him to deliver a speech addressing the high number of anti-LGBT hate crimes in the city or appear in a public service announcement addressing the hate crimes issues.
‘A very tough call’
Gay D.C. Council members Jim Graham (D-Ward 1) and David Catania (I-At Large), like many activists, haven’t taken sides yet on the mayoral race. Both are running for re-election this year, with political observers saying each appears to have a good shot at winning.
Brian DeBose, Graham’s press spokesperson, said Graham is “going to make a formal announcement about [the mayor’s race] in the near future but he’s not prepared right now to make a statement.”
Graham has been a long-time political ally of Fenty, and some City Hall insiders believe he’s leaning toward Fenty.
Catania this week had praise for both Fenty and Gray in their respective roles in advancing the same-sex marriage bill that Catania wrote and introduced last year.
Asked how he feels about having to choose between Fenty and Gray, Catania said, “That’s a predicament I’m facing as a person and as a voter myself because I happen to like both of them as individuals and as public officials.”
“So it’s going to be a very tough call,” he said. “Both have excellent scores as far as I’m concerned on LGBT issues. Both were very early and strong supporters of marriage equality. Both support me in the work we’re trying to do to overhaul the HIV/AIDS Administration.”
While praising Fenty’s actions, both on LGBT and other issues, such as overhauling the city’s public school system, Catania acknowledged that the mayor has “injured himself” on how people perceive him in connection with his personality.
“He’s picked some fights that people don’t understand and they’re hard to explain at times,” Catania told DC Agenda. “I think that’s hurt him in the eyes of some voters, who want in a chief executive, who want in a mayor a different demeanor at times than what we’ve seen demonstrated by Adrian.”
Gay activist and attorney Edward Grandis, executive director of the local business association Dupont Circle Merchants & Professionals, said he does not perceive strong dissatisfaction toward Fenty from Dupont Circle area residents and businesses, where large numbers of gays live.
“In my business circles, I don’t see a large anti-Fenty sentiment,” he said. “And in Ward 2 in general, I don’t feel people are down on Fenty.”
Grandis said he agrees with activists who feel Fenty should have been more outspoken on LGBT issues such as hate crimes, “but I don’t feel most rank and file gays are dissatisfied with Fenty.”
In a related development, the Washington Post reported that millionaire developer R. Donahue Peebles said Monday that he is “planning to run” for mayor, adding a third candidate with the resources to compete with Fenty and Gray.
A Peebles spokesperson told DC Agenda two weeks ago that Peebles supports the city’s same-sex marriage law. But the spokesperson could not confirm whether Peebles supports or opposes a voter initiative, which, if approved, would repeal the gay marriage law. Peebles’ business office did not respond to a DC Agenda request for an interview.
Catania, however, said Peebles expressed to him a commitment to LGBT equality when the two spoke earlier this year.
“We didn’t talk about a referendum or an initiative. That subject didn’t come up,” Catania said. “But unprompted, he did tell me how delighted he was about marriage equality and how much he supported it, how he finds that all of our rights are interconnected. And he doesn’t feel it’s appropriate to deny one group of rights because that same strategy was used against the community that he belongs to.”
Peebles, who is black, has sometimes referred to his admiration of the black civil rights movement.
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
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.
Maryland
Democrats hold leads in almost every race of Annapolis municipal election
Jared Littmann ahead in mayor’s race.
By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.
Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.
Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”
The rest of this article can be read on the Baltimore Banner’s website.
Democrats on Tuesday increased their majority in the Virginia House of Delegates.
The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.
All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.
Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)
Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.
Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.
Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.
Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.
Shreya Jyotishi contributed to this article.
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