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Gay men arrested under Md. sodomy law in adult bookstore raid

Attorney says prosecutors enforcing unconstitutional measure

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Police in Harford County arrested nine men at an adult bookstore in May.

Harford County, Md., Sheriff’s Office deputies arrested four men on a charge of Perverted Sexual Practice under the state’s sodomy law during a May 20 raid on the Bush River Books & Video store in the town of Abington, located 25 miles north of Baltimore.

A statement released by the Sheriff’s Office to the Washington Blade, at the Blade’s request, says a total of nine arrests were made during the May 20 “operation,” which the statement says was prompted by complaints about the adult store by nearby residents and some of its patrons.

According to the statement, among the nine men arrested, three were charged only with Perverted Sexual Practice, one was charged with Perverted Sexual Practice and Indecent Exposure, four were charged only with indecent exposure, and one was charged with Solicitation of Prostitution.

A friend of one of the arrested men told the Blade that his friend rented one of the store’s private video rooms and was with another male friend inside the room when sheriff’s deputies “in full riot gear unlocked his room and arrested him and his friend” on a charge of indecent exposure.

“They spent the night in jail and were badly treated,” said the friend who spoke with the Blade.

A sign on the outside of the Bush River Books & Video store says the store has four theaters on its premises. Sources familiar with the store have said it also charges a fee to rent small video rooms with doors that lock from the inside, where adult videos can be viewed on small video screens.

The store’s owner did not respond to a request by the Blade for comment.

Attorney Greg Nevins, who serves as senior counsel for the national LGBTQ litigation organization Lambda Legal, said the 2003 U.S. Supreme Court decision known as Lawrence v. Texas struck down state sodomy laws like the Maryland law as unconstitutional pertaining to consenting adults in a private setting.

Aside from the Supreme Court ruling, the Maryland General Assembly last year approved legislation repealing the state’s sodomy law known as the Maryland Unnatural or Perverted Sexual Practice Act.

But Nevins said the online legal reference site WestLaw, which keeps track of state laws throughout the country, shows that the Maryland Perverted Sexual Practice Act was still on the books, leading him to speculate that only part of the law may have been repealed.

The Maryland General Assembly is currently in recess and the Blade couldn’t immediately reach a spokesperson for lawmakers who worked on the repeal bill to confirm whether all or just part of the sodomy law was repealed.

Nevins said a subsequent ruling in 2013 handed down by the U.S. Court of Appeals for the 4th Circuit, which includes Maryland and Virginia, reconfirmed the Supreme Court’s Lawrence decision. He said the 2013 ruling “declared that all laws that have as their only element the act of oral or anal sex are facially unconstitutional” and should not be enforced under circumstances similar to the Maryland bookstore arrests.

“There are cases around the country discussing whether certain areas are private, usually focusing on whether the participants had a reasonable expectation of privacy,” Nevins said. He noted that the Supreme Court’s Lawrence decision and subsequent appeals court rulings have considered claims by police and prosecutors that court rulings overturning sodomy laws should not be interpreted to allow sexual activity in public places.

But Nevins said a strong legal case could be made that a private video room with a locked door such as the ones at Bush River Books and Video store should hold the same degree of presumed privacy as that of a rented hotel room.

A spokesperson for Harford County State’s Attorney Albert J. Peisinger, who serves as the county’s lead prosecutor, said his office would have no comment on whether prosecutors or the Sheriff’s Office have legal authority to make arrests and prosecute cases on the charge of Perverted Sexual Practice if that statute was repealed or struck down as unconstitutional.

“It is the policy of this office to make no comment on pending matters of investigations, including any underlying legal theories,” said spokesperson Gavin Patashnick. “That said, I would be happy to have a more substantive discussion regarding the bookstore once these cases have concluded,” he said.

Patashnick also declined to say whether his office dropped charges against two of the nine men arrested in the bookstore raid, whose cases could not be found in the online court records for the Harford County District Court, where the cases for six of the nine arrested men have appeared.

Of the six cases the Blade found in the online court records, just one was for the charge of Perverted Sexual Practice. The court records show that each of the six men whose cases were found in the online records, including the man charged with Perverted Sexual Practice, were scheduled to go on trial on Aug. 2 for their respective charges, which are misdemeanors.

Bradley Clark, an attorney for the Harford County Public Defender’s office who is representing one of the arrested men charged with indecent exposure, told the Blade that arrests of defendants that do not appear in the public court records usually indicate the case was dropped by prosecutors or dismissed by a judge.

Clark agreed with Nevins that the men charged in the bookstore raid with Perverted Sexual Practice should have a strong legal case to challenge the arrests under the Lawrence Supreme Court ruling and other court rulings declaring sodomy laws unconstitutional.

The statement released to the Blade by Harford County Sheriff’s Office spokesperson Kyle Andersen, in contrast to the State’s Attorney’s office, provided considerable details in support of the arrests.

“In the past several months, we have received an increased number of concerns and allegations of a wide variety of illegal activity occurring at Bush River Books and Video in the 3900 block of Pulaski Highway in Abingdon from citizens and patrons of the business,” the statement says.

“We take all citizen concerns seriously, and there is an active investigation into these concerns,” the statement continues. “Recently, members of our Special Operations Division have taken part in a handful of operations at that location, in an attempt to curb these illegal activities. On May 20, 2021, such an operation occurred,” it says.

“During that operation, an undercover deputy entered the premises and observed a variety of illegal sexual activities that were occurring on the premises,” the statement says. “Additionally, an additional undercover female deputy was approached and solicited for prostitution. At the conclusion of the operation, nine individuals were charged,” the statement concludes.

An online search using the name of the Bush River Books and Video store leads to media reports, including a January 2012 article in the Baltimore Sun, showing the store has been the target of law enforcement crackdowns for at least a decade. The 2012 Sun story reports that a Catholic priest was among the men arrested at the store during one of the 2012 Sheriff’s Office raids.

A search by the Blade also led to an online petition posted on the Change.com website calling on Harford County Executive Barry Glassman and the Harford County Council to “shut down” Bush River Books and Video store on grounds that “illegal activity” takes place there.

“We are asking the county to charge the owners of the store with the crimes that are being allowed to continue there, and to shut down this nuisance to our neighborhood,” said Abingdon resident Heather Cantos, who states in the web posting that she started the petition.

One of the arrested gay men, who spoke to the Blade on condition that he not be identified, said he was aware that the store has been the subject of law enforcement crackdowns in the past.

“But, you know, I went inside and was hooking up with someone and the next thing I know, eight of us were against the wall with handcuffs with plastic zip ties on them,” he said. “And we all spent the night in jail. I was released at like six o’clock in the morning,” he said.

He added, “I don’t know why people have a problem with this. We go there to meet people like us.”

Jeremy LaMaster, executive director of the Maryland statewide LGBTQ advocacy group Free State Justice, said he was not aware of the Bush River Books & Video arrests until contacted about the arrests by the Blade. He said Free State Justice would consider what, if any action, the organization might take in response to the reports that gay men were being arrested and prosecuted on sodomy related charges.

Upper Chesapeake Bay Pride, an organization that, according to its website, “provides unwavering advocacy and support for queer (LGBTQIA+ people, communities, and their families in Cecil and Harford counties,” did not reply to messages left by the Blade seeking comment on the arrests of gay men at the adult bookstore.

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Blade names Delaware journalism fellowship recipient

Abigail Hatting to cover LGBTQ issues this summer

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Abigail Hatting (Photo courtesy Hatting)

The Blade Foundation this week announced the recipient of its eighth annual Steve Elkins Memorial Fellowship in Journalism.

The fellowship was awarded to Abigail Hatting, a rising senior at American University in Washington, D.C., studying journalism with minors in political science and Spanish. She has served as local news editor of The Eagle student newspaper at AU and as an intern for Voice of America News.

“I’m very excited to have received the Elkins Fellowship,” she said. “I can’t wait to dive into the LGBTQ scene in Delaware and report on issues that are important to the community. I’m excited to deepen my reporting skills and learn from the Blade’s experienced team to contribute meaningful coverage at the oldest LGBTQ newspaper in the country.” 

Hatting will cover issues of interest to Delaware’s LGBTQ community for 12 weeks this summer. The fellowship is named in honor of Steve Elkins, a journalist and co-founder of the CAMP Rehoboth LGBT community center. Elkins served as editor of Letters from CAMP Rehoboth for many years as well as executive director of the center before his death in March of 2018.

Hatting is the eighth recipient of the Elkins fellowship, which is funded by community donations at the Blade Foundation’s annual fundraiser in Rehoboth Beach. This year’s event is slated for May 16 at the Blue Moon featuring remarks from state Sen. Russ Huxtable, who recently introduced a state constitutional amendment to codify the right of same-sex couples to marry. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Blue Moon. 

“We had an overwhelming number of applicants for this year’s fellowship and Abigail stood out and impressed us with her experience and commitment to excellence,” said Blade editor Kevin Naff. “Thank you to our Rehoboth-area donors and sponsors for making this opportunity possible.”

For more information on the fellowship program or to donate, visit bladefoundation.org.

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District of Columbia

Dr. Fauci receives Harvey Milk Award, reflects on legacy of love and public health

The legendary public health leader was honored by a D.C. LGBTQ synagogue for his lifetime of compassionate service and advocacy.

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Dr. Anthony Fauci (Washington Blade file photo by Lou Chibbaro, Jr.)

A buzz of anticipation filled Cafritz Hall on Wednesday evening. Though a few seats remained empty, the atmosphere suggested a pop star might be moments from taking the stage. But the spotlight wasn’t reserved for a chart-topping performer—it was focused on a different kind of icon.

Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), stepped forward to receive the Harvey Milk Chesed Award—an honor recognizing compassion, courage, and a lifetime of public service.

The Harvey Milk Chesed Award was established by Bet Mishpachah in 1998 in honor of civil rights leader Harvey Milk. Milk, a member of the San Francisco Board of Supervisors and one of the first openly gay elected officials in the United States, was assassinated in 1978 following his public advocacy for LGBTQ rights. Bet Mishpachah gives out the award annually to an individual who has made “outstanding contributions to the LGBTQ+ and Jewish communities that exemplify the virtue of chesed, or ‘lovingkindness.’”

The program began promptly at 7 p.m. at Bet Mishpachah, Washington’s LGBTQ egalitarian synagogue, and featured a diverse lineup of speakers, including rabbis, physicians, professors, synagogue members, and past recipients of the Harvey Milk Chesed Award. While each speaker highlighted different facets of Dr. Fauci’s career – from his leadership during public health crises to his engagement with Jewish and LGBTQ communities- a unifying theme emerged: his unwavering commitment to doing what’s right, even in the face of political opposition, including from presidents.

Fauci, who was director of the NIAID from 1984 to 2022, was at the forefront of understanding and combating some of the deadliest diseases known to humanity, including tuberculosis, Zika, and HIV/AIDS. As the HIV/AIDS epidemic escalated and frustration with federal inaction mounted, Fauci took an unconventional step for a high-ranking public health official: He began engaging directly with the activists demanding change. That simple act of listening, he later explained, shaped his understanding of what patients truly needed — even when it meant defying the prevailing wisdom of the medical establishment.

“I developed long-term friendships with the activists,” Fauci said in a 2023 interview with PBS’ American Masters. “We were sort of like soldiers in the same war.”

This spirit of solidarity echoed throughout the night’s speakers, beginning with Barry Friedman, who delivered welcoming remarks to the crowd. Friedman began his introduction with a Hebrew phrase that, at first glance, might not seem to align with a man devoted to the rigor of medical science. But as he explained, it was a phrase Fauci exemplified.

“Lo tukhal l’hitaleim,” Friedman read from his notes, explaining that this message was hailed in his youth as the “11th commandment” by his mother. “You must not remain indifferent,” he translated.

Fauci, Friedman explained, remained steadfast in the principles of medicine while also showing deep compassion for those living with HIV and AIDS. He advocated for changes to drug trial protocols—convincing researchers to allow patients to “parallel track” experimental treatments, even when doing so went against past medical norms. This shift helped extend lives and alleviate symptoms in those most affected by the disease.

As the night continued, speaker after speaker reflected on the extraordinary achievements Fauci helped bring about—not just through scientific breakthroughs, but by listening to the people who were so often ignored. Fauci credited activists like Larry Kramer for ensuring the needs of HIV/AIDS patients could not be overlooked.

One of those speakers, Jeff Levi, an emeritus professor at the Milken Institute School of Public Health at George Washington University, former deputy director of the White House Office of National AIDS Policy, and a close friend of Fauci, led a panel discussion where the two expanded on stories from Fauci’s 2024 bestselling book “On Call: A Doctor’s Journey in Public Service.” During the panel, Fauci reflected on how his Jesuit Catholic upbringing helped shape a moral compass that transcended religious, cultural, and political boundaries in his public health work, and how he was able to navigate such a difficult time in medical history.

While it’s nearly impossible to calculate how many lives Fauci has helped save, the numbers point to an extraordinary legacy. Millions of LGBTQ people owe their survival in part to his efforts to understand how HIV spread, how it progressed, and how its symptoms could be mitigated. In addition, more than 25 million people worldwide- mostly in sub-Saharan Africa- have benefited from PEPFAR, the President’s Emergency Plan for AIDS Relief, which Fauci played a key role in creating.

Following the panel, Fauci took questions from the audience, reflecting on both his legacy and the enduring power of public advocacy.

“The gay community wasn’t afraid to speak up in the 1980s,” he told one audience member, who asked about the parallels between HIV/AIDS and the COVID-19 pandemic, and what people could do now to offset some of the… less than factual ‘information’ being presented as truth from the Trump administration. “And we can’t be afraid to speak up now.”

When asked what message he hopes young LGBTQ doctors will take from his life’s work, Fauci paused, then offered a heartfelt answer. “I don’t want to sound too melodramatic, but we need to love each other.”

As the crowd filtered out of the hall and only a handful of Fauci admirers lingered in line for a signed book, the Blade caught up with the evening’s honoree. Asked how it felt to receive the Harvey Milk Chesed Award, Fauci’s response was characteristically humble.

“It was a terrific honor to be given an award by this community,” he said with a warm smile—an understated close to an evening that celebrated a lifetime of extraordinary impact.

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Comings & Goings

SC Nealy joins Equality Arlington board; Lee Ann Wilkinson Group scores another #1 ranking

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Lee Ann Wilkinson

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 The Lee Ann Wilkinson Group, which retained its #1 ranking in sales production at Berkshire Hathaway HomeServices Worldwide, for the second consecutive year. 

 “Last year when we achieved #1, I was truly shocked,” said Lee Ann Wilkinson. “I never thought our little piece of paradise here in southern Delaware could compete with the larger states and more expensive markets. Achieving this level of recognition on an international scale for a second year is surreal. I couldn’t be prouder of my dedicated team, whose hard work and commitment to exceptional service make achievements like this possible. We are fortunate to do what we love, and to see our efforts recognized at this level is an honor. It’s amazing to reflect on four decades of serving our clients, whose loyalty and support have made this journey so special.”

SC Nealy

Congratulations also to SC Nealy, LPC, on becoming a new board member of Equality Arlington. Nealy said, “I have always been passionate about creating more accessible and queer celebratory mental health care for the LGBTQIA2S+ community in the DMV area, and I’m excited to work with Equality Arlington to keep working toward that goal and many others for our community here.”

Nealy has more than 15 years in the mental health field. They are a queer, gender fluid psychotherapist, clinical supervisor, and group practice owner in Arlington, Va. Nealy operates a team of all gay and trans-identifying therapists with the focus of bringing clinicians with lived experiences to the queer community and their families. They also work locally and nationally to advocate for queer rights, accessible mental health care, and bringing more awareness to the needs of the queer community. Their upcoming book published by Bloomsbury Academics, “Healing Sacred Wounds,” focuses on providing a guide map for processing and exploring their experiences in religious or spiritual trauma. As a therapist, Nealy specializes in religious trauma, female and genderfluid-identifying couples counseling, mixed orientation marriages, complex-PTSD, Borderline Personality Disorder, interpersonal process group therapy, and non-faith based premarital counseling. In their personal life, they are a parent to two children, happily partnered, and write romance novels for fun. Nealy received the 2024 Humanitarian and Caring Person of the Year Award, Virginia Counselors Association. 

Nealy earned a bachelor’s degree with honors in psychology from Marymount University, a master’s in clinical and mental health counseling from Marymount; and a master’s in forensic psychology, also from Marymount.

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