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D.C. co-op guilty of anti-gay discrimination

Commission says board twice refused to allow gay couple to buy apartment

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Michael Ward, D.C. Commission on Human Rights, gay news, Washington Blade
Thad Kemp, gay news, Washington Blade

Thad Kemp (Photo courtesy of Kemp)

In a little noticed action, the D.C. Commission on Human Rights ruled last April that the president and board of directors of a cooperative apartment building on Connecticut Avenue violated the city’s Human Rights Act by twice refusing to allow a gay couple to buy an apartment.

The case is unusual because the commission’s decision came more than 15 years after Thad S. Kemp and his then partner William L. Houston filed a discrimination complaint with the city’s Office of Human Rights against 2101 Connecticut Avenue Cooperative Apartments, Inc.

The complaint charged the upscale building, located across the street from the Chinese Embassy, with using a series of pretexts to deny the couple’s application to buy an apartment in the building on two separate occasions in 1997 because of their sexual orientation and their status as a mixed race couple. Kemp is white and Houston is black.

The building has appealed the commission’s decision before the D.C. Court of Appeals, arguing, among other things, that the commission’s recommended decision was made by an administrative law judge who did not preside over a three-day hearing in which key witnesses testified.

Attorney Stephen Horvath, who is representing 2101 Connecticut Avenue Co-op, notes in an appeal brief that the original chief hearing examiner who presided over the case, Cornelius Alexander, died in 2007 before reaching a decision. Horvath argues the administrative law judge for the commission who handed down the decision, Dianne Harris, wasn’t present at the hearing to see the witnesses testify and assess their credibility.

Harris states in her recommended decision that she carefully read the transcript of all testimony viewed and studied the exhibits and documents entered into evidence and obtained a full and impartial picture of the case. She disputes claims by Horvath that past court rulings require that a hearing examiner or judge be present during testimony by witnesses in order to issue a ruling on a civil case.

Harris noted that while she was not present during testimony in the 2003 evidentiary hearing to determine whether the co-op board and its president, John Rodler, were liable for the alleged discrimination, she did preside over a separate hearing to assess what the damages and penalty for the co-op should be.

The commission’s final decision and order, handed down on April 23, 2012, shows that then commissioners Christopher Dyer and Nkechi Jaifa voted to approve Harris’s recommended decision that the co-op and Rodler engaged in discrimination based on sexual orientation and racial discrimination against Kempt and Houston.

The third commissioner assigned to the case, gay attorney Michael Ward, dissented from the majority, saying he agreed with the co-op’s attorney that Harris should not have ruled on the case without having personally attended the hearing in question.

Michael Ward, D.C. Commission on Human Rights, gay news, Washington Blade

Michael Ward of the D.C. Commission on Human Rights. (Washington Blade photo by Michael Key)

“Although I believe that there is adequate testimony from which the commission might infer liability, I believe that those inferences require assessment of credibility and that respondents cannot therefore be held liable absent a de novo [new] hearing at which the administrative law judge can make credibility determinations and propose a decision to the commission that reflects those determinations,” Ward wrote in his dissenting statement.

Dyer, the D.C. gay activist and former director of the Mayor’s office of GLBT Affairs, and Jaifa did not submit a statement explaining why they voted to approve Harris’s proposed decision.

Richard Salzman, the attorney representing Kemp and Houston, called the commission’s decision “fair and measured,” noting that it did not agree to all of the Kemp and Houston’s specific requests for damages. He noted that the commission denied Kemp’s request that the co-op pay him the amount of equity he would have accrued as the value of the two apartments he attempted to buy rose significantly in the 15 years since the co-op denied his application to buy the apartments.

“The evidence was overwhelming that the discrimination took place,” Salzman said. “It is clear to anyone who looks at the evidence presented.”

Under D.C. law, the D.C. Solicitor General, who is part of the Office of the D.C. Attorney General, is responsible for defending the Commission on Human Rights decision in the appeals court phase of the case.

A spokesperson for the Solicitor General said the office is scheduled to file its response to 2101 Connecticut Ave. Co-op’s appeal brief on Feb. 11.

In its April 23 decision, the D.C. Commission on Human Rights ordered the co-op to “cease and desist” from engaging in further discrimination against people who apply to buy an apartment in the building and who are covered under the D.C. Human Rights Act.

The decision also calls on the co-op building to pay Kemp $90,000 for the amount he paid ($515,000) for an apartment he bought in another building in excess of what he would have paid ($415,000) for one of the apartments he was prevented from buying in the co-op building.

In addition, the decision orders the co-op to pay Kemp $35,000 for “humiliation, embarrassment and indignity” he suffered due to the co-op’s discriminatory action against him. It calls for the co-op to award Houston $17,500 in damages for also suffering “humiliation, embarrassment and indignity.”

The co-op is also required to pay for Kemp and Houston’s attorney’s fees and to reimburse the city $6,458 in court reporting and transcription costs related to the case.

Why did this case take so long to go from the complaint to a decision by the commission?

David Simmons, chief administrative law judge for the Commission on Human Rights, told the Blade on Wednesday that one of the reasons Kemp and Houston’s discrimination case took 15 years to advance from the complaint to the commission’s decision last April was a lack of a sufficient number of hearing examiners and support staff for the commission.

He said more hearing examiners and support staff have been hired in recent years, but during the years that Alexander served as chief administrative law judge, the staffing was a “travesty,” he said. According to Simmons, at the time Alexander presided over the Kemp-Houston case, he was the only hearing examiner the commission had, forcing him to preside over all of the cases.

“I knew Cornelius Alexander, and he was hard-working and an excellent attorney,” he said. “In my view, the city killed him. They worked him to death.”

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Comings & Goings

David Mack named inaugural executive director of IN series

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David Mack (Photo by Jeff Ellingson)

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]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Mack onbeing named the inaugural executive director of the IN series. On accepting the position Mack said, “I’m excited to join the D.C. community as IN Series’ inaugural executive director as the company enters its adventurous next chapter. I’m eager to meet audiences across the Baltimore and Washington, D.C. area in order to help expand access to innovative opera — whether they’re longtime enthusiasts or discovering it for the first time. Thank you … to the IN Series hiring committee for inviting me into your world with open arms, and such generosity of spirit.”

Mack is a seasoned arts executive and producer, with more than 15 years of leadership experience in innovative performing arts organizations, including the African American Art &Culture Complex; Joe Goode Performance Group; and Invertigo Dance Theatre. As a strategic arts consultant, his clients have included LA Dance Project, Diavolo, Architecture in Motion, and Center Theatre Group. As general manager of The Industry, he produced Invisible Cities at LA’s Union Station in collaboration with the LA County Metropolitan Transportation Authority. 

Mack has served on the boards of the LA Producer’s League, Western Arts Alliance, and Creative West, and advocated on behalf of artists as a member of the SF Arts Alliance, and Greater Bay Area Arts Coalition. Mack was co-founder of Theatre Magnet, Artist Magnet and Artist Magnet Justice Alliance, a series of Oakland-based arts service and consulting organizations. He is currently a DeVos Institute of Arts & Nonprofit Management Global Executive fellow. He earned his master’s in theater at the California Institute of the Arts.

Chord Bezerra

Congratulations also to Chord Bezerra who is returning to the U.S. Pharmacopeia as Senior Design Manager. Upon accepting the position he said, “Returning to U.S. Pharmacopeia as Senior Design Manager feels like coming home to a mission I care deeply about — using design to make complex science clearer, more human, and more accessible to the people it serves.”

Bezerra has more than 20 years of experience in design leadership and management. He has most recently been manager, Brand and Advertising, CareFirst Blue Cross Blue Shield. Prior to that he was Senior Lead Designer (contractor) CareFirst Blue Cross Blue Shield. His initial stint with Pharmacopeia in Rockville, Md., was as a senior graphic designer. While there, he oversaw award-winning design (2020 Hermes & Marcom Awards); mentored and directed junior designers; and fostered visual storytelling solutions by directing junior designers for two years. He has served as chair and founding member of eQuality Alliance, USP’s first LGBTQIA+ Affinity Group.  

Bezerra had his own company for many years, Chord Bezerra Creative in D.C. Clients included national and non-profit organizations such as American Association for the Study of Liver Diseases, The Limited, Columbia Business School, Victory Fund, Zengo Cycling, Capital Pride, and Andrew Christian, among others. He earned his bachelor’s degree in communications from the University of Delaware.

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New LGBTQ bar Rush set to debut

14th & U picks up a queer lounge, dance spot with a tech focus

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Rush plans to open Saturday.

(UPDATE: Rush owners told the Blade they have postponed the opening of the new bar to Nov. 28.)

The LGBTQ nightlife hotbed at 14th and U is about to get another member. Rush, a bar years in the making, is set to open its doors next week.

Filling the hole left by Lost Society, Rush will be a tech-forward, two-story bar featuring fully integrated light and sound to deliver “an immersive experience,” according to owner Jackson Mosley.

Mosley began conceptualizing such a bar back in 2017. His career linking tech and hospitality stretches even further back, beginning his career at LivingSocial and Uber. And even before that, he moonlighted at Town during his college years, where he developed a passion for drag and LGBTQ nightlife.

Rush is this manifestation of both tech and nightlife coming to fruition, but it hasn’t been without setbacks. Mosley originally planned to open farther east, on 9th and U streets, but received pushback from the building in which it was supposed to be housed. “It was the universe telling me it wasn’t the right spot,” he says. Earlier this year, coming across the Lost Society vacancy, Mosley finally found his host. As the center of LGBTQ nightlife has shifted to 14th Street – as reinforced by this week’s Shakers shuttering – Mosley was eager to join the festive fray.

Rush is in the same building as Bunker, settling on the top two levels of the structure. Across a flexible, indoor-outdoor combination and 6.000 square feet, Rush entirely shakes up its two floors –  “a real reimagining so that it feels entirely new,” he says, with new equipment and a new vision and a capacity of at least 300.

The lower floor leans into a lounge vibe. Relaxed seating and a huge bar dominate the area. It will feature a sound booth, furniture with built-in lighting, and plenty of places to chat.

Upstairs is the club, dance-forward space. It has a “proper drag stage,” Mosley says, one of the largest among fellow LGBTQ bars, at 7.5 feet deep by 22 feet wide. Set up for live performances and painted in matte black, this rooftop level can open the doors to the deck allowing the entire level to participate in performances.

Rush will also boast a full kitchen, distinct from many other LGBTQ bars. Set to start serving in a couple of months, it will serve a large menu of bar food and more, as well as a lively brunch on the rooftop. 

“It’s long overdue to have a brunch with good food at a bar,” he says.

Mosley emphasizes sound and lighting as part of his tech focus. Dropping more than $150,000 on this multi-sensory experience, he realized his “life dream to build out a sound system I love,” he says. “Enough lighting to power Echostage,” he joked. Lasers, hazers, smoke machines, and CO2 cannons are just a few elements. “One piece lacking at a drag show has been integrated light and sound with the performers’ choreo,” he says, like when a queen performs a death drop, there should be a light and sound crescendo.

Rush also differentiates itself with its unique business model. All Rush employees are full-time exempt with benefits like healthcare and PTO. Mosley takes up the CEO position of his firm Momentux, which will operate Rush. Mosley envisions growth to open Rush locations in other cities along the same model. Patrons will swipe their credit cards at the door, reducing the number of swipes for bar staff (and reducing credit card fees), and wear wristbands to track purchases. The approach negates the need – and request – for tips. Service charges will only be levied when patrons don’t close their tabs. “I’m rethinking the role of staff, down to the barback,” he says.

As for what the staff will pour, Rush will slowly roll out an eclectic, cheeky signature cocktail list to be served beyond the usual vodka-sodas. Such drinks might include the “14th & Unhinged,” with tequila, mezcal, tamarind, and lime; the “Power Vers,” with gin, elderflower, lemon, and pink peppercorn foam; and the “Flight Attendant,” which comes with a spread based on the ever-popular in-flight cookie, Biscoff.

The bar’s opening is set for Friday, Nov. 28, with a promising lineup — popular DJ Sidekick, and a trio of local drag favorites: Cake Pop, Druex Sidora, and Mari Con Carne. A social media post promised “good energy, controlled chaos, and hot strangers.”

Rush, says Mosley, might be like “if Taylor Swift and Lady Gaga had a baby, plus drag queens,” he says.

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Most D.C.-area cities receive highest score in HRC Equality Index

‘Record breaking’ 132 jurisdictions nationwide receive top ranking

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Rehoboth Beach, Del., received a perfect 100 score on HRC’s annual Equality Index. (Washington Blade file photo by Daniel Truitt)

The Human Rights Campaign Foundation on Nov. 18 released its 14th annual Municipal Equality Index report showing that a record number of 132 cities across the country, including nine in Virginia and seven in Maryland, received the highest score of 100 for their level of support for LGBTQ equality through laws, policies, and services.

Among the D.C.-area cities and municipalities receiving a perfect score of 100 were Alexandria, Arlington County, Fairfax County in Virginia and College Park, Bowie, Gaithersburg and Rockville in Maryland.

The city of Rehoboth Beach is listed as the only city or municipality in Delaware to receive a score of 100. Rehoboth city officials released a statement hailing the high score as a major achievement over the previous year’s score of 61, saying the improvement came through a partnership with the local LGBTQ advocacy and services group CAMP Rehoboth.

The  HRC Foundation, which serves as the educational arm of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, includes the District of Columbia in a separate State Equality Index rating system under the premise that D.C. should be treated as a state and receive full statehood status.

In its 2024 State Equality Index report, D.C. and 21 states, including Maryland, Virginia, and Delaware, were placed in the “highest rated category” called Working Toward Innovative Equality, which does not use a numerical score.

 “The 2025 MEI shows a record breaking 132 cities scoring the highest possible marks on the index, representing a combined population of approximately 49 million people,” the HRC Foundation said in a statement announcing the 2025 report.

“This high-water mark is critical as pressure continues from states that pass laws and policies that seek to shut transgender people – particularly trans youth – out of public life,” the statement continues. It adds that many cities that have put in place trans supportive laws and policies, including health insurance benefits, “are in many cases no longer able to provide that coverage in a meaningful way as a result of discriminatory decisions made by state legislatures.”

The statement goes on to say, “However, more cities than ever are doing what the MEI characterizes as ‘testing the limits of restrictive state laws’ – pushing back against various checks on municipal power or discriminatory state  laws – with nearly 70 cities doing so.” 

The HRC statement notes that this year’s Municipal Equality Index rated a total of 506 cities. It says that number includes the 50 state capitals, the 200 largest cities in the U.S., the five largest cities or municipalities in each state, the cities that are home to the state’s two largest universities, and the 75 cities or municipalities that have high proportions of same-sex couples.

The report shows this year’s index rated 11 cities or municipalities in Virginia with the following rating scores: Alexandria, 100; Arlington County,100; Fairfax County, 100, Richmond, 100; Charlottesville, 100; Chesapeake, 80; Hampton, 100; Newport News, 100; Norfolk, 91, Roanoke, 100, and Virginia Beach, 100.

In Maryland a total of 10 cities were rated: Annapolis, 100; Baltimore, 100; Bowie, 68; College Park, 100; Columbia, 100; Frederick, 100; Gaithersburg, 100; Hagerstown, 75; Rockville, 100 and Towson in Baltimore County, 85.

A total of eight cities were rated in Delaware: Rehoboth Beach, 100; Bethany Beach, 51; Milford, 83; Dover, 69; Wilmington, 76; Newark, 72; Smyrna, 59; and Middletown, 64.

The full 2025 HRC Foundation Equality Index Report can be accessed at hrc.org.

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