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Attorney says invalidating Stein Club election would violate bylaws

Dispute over club takeover by influx of new members to be debated at special meeting Wednesday night

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Martin Garcia, Gertrude Stein Democratic Club, gay news, Washington Blade
Martin Garcia, Gertrude Stein Democratic Club, gay news, Washington Blade

Martin Garcia, newly-elected president of the Stein Club. (Washington Blade photo by Michael Key)

An attorney representing Martin Garcia, the president-elect of the Gertrude Stein Democratic Club, said a proposal by several club members to invalidate Garcia’s election and the election of two other officers aligned with Garcia would “flagrantly” violate the club’s bylaws.

Joseph E. Sandler, former general counsel to the Democratic National Committee, said in a Dec. 17 letter to Stein Club members that a call to overturn the election of Garcia and the two other officers by disqualifying 17 people who voted in the club’s Dec. 3 election would be a “breach of contract.”

He said a legal opinion by Donald Dinan, an attorney for the D.C. Democratic State Committee, whom the Stein Club’s current officers consulted about the election, incorrectly interpreted the bylaws.

Dinan stated in a Dec. 12 memorandum that the votes by 17 people could be invalidated if the addresses they gave were not correct or if it could be shown they did not qualify for the special reduced membership fee of $15 under which they joined the club in the week prior to the election.

Under club rules, eligibility for the special membership is restricted to students, senior citizens, and people with a “limited income.”

Dinan noted that the 17 votes cast by people whose membership is now under question is greater than the two to seven-vote margin in which Garcia and the other two officer candidates won the election. He said that since the vote was conducted by secret ballot, there is no way to determine which candidates received votes by a potentially disqualified member.

Thus Dinan concluded that if the Stein Club membership decides at the special meeting set for Wednesday night to disqualify a number of new members that exceeds the margin of victory for the three officers, the club has the authority to invalidate the election and call a new election.

Sandler, however, argues that the club’s bylaws do not provide any residency requirements for members and do not define “limited income” or whether a “student” should be full-time, part-time, or someone enrolled in a trade school rather than a college.

In addition, Sandler states in his letter, “The Dinan Memorandum… simply does not set forth any remotely reliable facts that would indicate that any of the 17 new members whose votes are being questioned were other than legitimate, dues-paying members of the Stein Club, under the Bylaws and Standing Rules of Procedure, at the time of the election.”

He said the club’s current officers and members should know that the club “is not free to ignore its own bylaws, or to make up new rules not found in the bylaws, to the detriment of certain members, whenever it seems convenient to do so.”

Dinan told the Blade that his memorandum was not a fact finding document and it was up to the club’s officers or members to make any determination on whether the 17 new members should be disqualified based on “irregularities” over their residential address or special membership qualification.

Sandler noted that Dinan cited specific claims of problems associated with the new members’ addresses and special membership status brought to Dinan’s attention by the club’s current officers. None of the issues about membership status raised could be grounds for disqualifying a member under the bylaws.

Sandler suggested in his letter that Garcia and the other two candidates who won election to the club’s vice presidential posts – Angela Peoples and Vincent Villano – would have grounds to take legal action against the club if their elections are overturned.

“[I]t is Mr. Garcia’s position that any decision to invalidate the December 3 election and/or to hold another election would be a flagrant violation by the Stein Club of its own bylaws, a violation that obviously directly injures Mr. Garcia, and that would constitute action ultra vires and in breach of contract,” he says in his letter.

“Ultra vires” is a Latin term used to say a corporation or entity went “beyond the powers” or authority they have to take a certain action, according to BusinessDictinary.com.

Garcia told the Blade on Tuesday that he and the other new officers have no intention of taking legal action against the club.

“That would not be beneficial to anyone involved in the club,” he said. “Our hope is to build unity and move forward with greater participation by folks who haven’t been involved.”

“After reading Mr. Sandler’s memo, I am more convinced that this special meeting is an attempt to push new members out of the election process,” Garcia said in a statement on Tuesday. “The Stein Club founders stood against the disenfranchisement of LGBT people, and I believe that, when presented with all the information, today’s Stein members will stand together at the special meeting and vote to move us forward as a united organization.”

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Cameroon

Gay Cameroonian immigrant will be freed from ICE detention — for now

Ludovic Mbock’s homeland criminalizes homosexuality

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Competitive gamer Ludovic Mbock, left, with his sister, Diane Sohna. (Photo courtesy of Diane Sohna)

By ANTONIO PLANAS | An immigration judge on Friday issued a $4,000 bond for a Cameroonian immigrant and regional gaming champion held in federal immigration detention for the past three weeks.

The ruling will allow Ludovic Mbock, of Oxon Hill, to return to Maryland from a Georgia facility this weekend, his family and attorney said.

“Realistically, by tomorrow. Hopefully, by today,” said Mbock’s attorney, Edward Neufville. “We are one step closer to getting Ludovic justice.”

The rest of this article can be found on the Baltimore Banner’s website.

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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