District of Columbia
D.C. debates how to cope with crime as reform bill heads to Senate
House Democrats join GOP in voting to overturn measure
Just over three weeks after the D.C. Council overturned Mayor Muriel Bowser’s veto of a controversial criminal code reform bill that the Council had passed unanimously last November, the Republican-controlled U.S. House of Representatives on Feb. 9 voted 250 to 173 to overturn the D.C. bill.
In a development that surprised some D.C. political observers, including LGBTQ activists, 31 House Democrats were among those joining Republicans in voting to overturn the sweeping 450-page Revised Criminal Code Act of 2022.
On the same day that it voted to overturn the crime bill, the House voted 260 to 162, with 42 House Democrats voting yes, to pass a second disapproval resolution calling for overturning a bill approved by the D.C. Council to allow non-citizens to vote in local D.C. elections.
Both bills must now go to the U.S. Senate, where Democrats have a slim majority and where just a few Democratic senators voting to overturn either of the two bills, including the crime bill, could result in passage of the disapproval measure. It would then go to President Joe Biden, who would be faced with the choice of vetoing the measures or allowing one or both of the two D.C. bills to be overturned.
The president has said he opposes both of the two disapproval resolutions in the House, but he has not said whether he would veto the disapproval measures.
Most of those who have expressed concern over the criminal code reform bill, including Bowser, D.C. Police Chief Robert Contee, and the Office of the U.S. Attorney for D.C., have said they support 95 percent of the bill’s provisions.
Supporters, including D.C. Council Chair Phil Mendelson (D-At-Large), point out that the voluminous bill was methodically developed over the past 16 years by the nonpartisan D.C. Criminal Code Reform Commission to modernize the city’s criminal code that has not been significantly changed since 1901.
Mendelson and D.C. Council member Charles Allen (D-Ward 6), who headed the Council committee that drafted the legislation, strongly dispute claims that the bill would result in increased crime in the city or that it would hamper efforts by police to curtail crime.
The mayor has said her opposition centers around several of the bill’s provisions that, among other things, would eliminate most mandatory minimum prison sentences, reduce maximum sentences for crimes such as burglaries, carjackings, and robberies, and allow jury trials for all misdemeanor cases in which a prison sentence is possible.
Critics say allowing a jury trial for most misdemeanor cases would overwhelm the D.C. Superior Court that they say already has too few judges to handle its criminal case load. Under the city’s 1971 Home Rule Act approved by Congress, the U.S. president appoints all D.C. court judges, and the U.S. Senate must confirm the appointments.
Supporters of the criminal code reform measure point out that it is currently drafted so it does not take effect until 2025, which they say will give the court system time to adapt to the new criminal code. But opponents, including the mayor, say that would not prevent the problems that they say the bill as currently written will bring about when it takes effect.
“This bill does not make us safer,” said Bowser in announcing her decision to veto the bill.
“While no one believes that penalties alone will solve crime and violence right now, we must be very intentional about messages that we are sending to our community, including prosecutors and judges,” the mayor said in a statement. “People, we know, are tired of violence and right now our focus must be on victims and preventing more people from becoming victims,” she said.
Bowser added that the bill would weaken what she said was an already lenient sentence for illegal gun possession by reducing the maximum sentence for carrying a pistol without a license and being a convicted felon in possession of a gun.
She has expressed strong opposition to Congress stepping in to overturn the bill, saying that it should be left up to the city to make any changes needed to improve the bill. Bowser last week submitted to the Council legislation calling for changes in the bill, including removing provisions in the current bill that would lower maximum penalties and allow jury trials for most misdemeanor cases.
Among the most outspoken critics of the criminal code revision bill has been the D.C. Police Union, whose chairperson, Gregg Pemberton, said the legislation would result in “violent crime rates exploding more than they already have.”
Most local LGBTQ organizations have not taken an official position on the bill. Capital Stonewall Democrats, the city’s largest local LGBTQ political group, has yet to take a position on the bill itself and most likely will not do so at this time, according to Monika Nemeth, the group’s recently elected president.
Nemeth said threats by Congress to overturn this and other D.C. bills are of great concern to the organization, and it reconfirms Capital Stonewall Democrats’ strong support for D.C. statehood.
Adam Savit, president of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican organization Log Cabin Republicans, said the local chapter also has not taken an official position on the D.C. criminal code bill. But he said in an email to the Blade that “we generally sympathize with the sentiments of the D.C. GOP,” which has come out against the legislation on grounds that it will result in a higher rate of crime in the city.
“Decreased penalties mean a decreased deterrent, and it will absolutely lead to increased criminality and further undermine the ability of the police to keep order,” Savit said in expressing his own opinion. “The way to protect LGBTQ citizens is to set credible penalties for violent crime and enforce the law,” he said.
The DC Center for the LGBT Community, which oversees its longstanding LGBTQ Anti-Violence Project, did not respond to a request by the Blade for comment on the crime bill.
The D.C. Gay and Lesbian Activists Alliance, however, has taken a position in strong support of the measure.
“We applaud the D.C. Council for enacting the Revised Criminal Code Act, an important modernization of our criminal laws that is the product of over 15 years of careful deliberation,” said GLAA President Tyrone Hanley in a statement to the Blade. Hanley said the statement was approved by the GLAA board.
“We have long known that mandatory minimums do not make communities safer, but exacerbate mass incarceration,” the GLAA statement says. “The larger symbolic reductions in maximum sentences for certain crimes bring them in-line with actual practice [by judges], plus research demonstrates that the length of sentence is not an effective deterrent to most crime,” the GLAA statement continues.
“We should not give in to right-wing narratives that some wish to use to exert power over D.C. and return to ineffective and harmful approaches,” the statement concludes.
Longtime D.C. gay activist and former GLAA President Rick Rosendall has taken a similar position, saying in an email to the Blade that opposition to the bill is based on “alarmist talking points.” Rosendall pointed to the assertion by D.C. Council member Kenyan McDuffie (I-At-Large) that some provisions in the bill actually raise penalties and create new categories of crimes that make it easier for prosecutors to prove.
Another longtime LGBTQ rights advocate and Democratic Party activist Peter Rosenstein has taken a differing view. He says he fully agrees with Bowser’s decision to veto the crime bill and said the Council should not have passed the separate bill to allow non-U.S. citizen D.C. residents the right to vote in local D.C. elections.
“Lowering the maximum possible penalties for burglaries, carjackings (now at their highest) and robberies, while residents are seeing a crime wave, is irresponsible and won’t make the city safer,” Rosenstein said in a Washington Blade commentary. “If Congress takes action on these bills, the Council must accept the full blame,” he said. “While Congress shouldn’t interfere with the D.C. government (I have long advocated for budget and legislative autonomy for the District) we don’t have it yet.”
D.C. Congressional Del. Eleanor Holmes Norton (D-D.C.) has strongly criticized the House for passing the disapproval resolutions calling for overturning the crime bill and the noncitizen voting rights bill. She said she is alarmed that Republican members of the House and Senate are once again attempting to intervene and usurp the will of the democratically elected D.C. local government.
Norton noted that since Congress passed the D.C. Home Rule Act of 1971, creating the city’s elected mayor and Council – with Congress retaining the ability to make the final decision on all laws passed by the D.C. government – Congress has only used its power to overturn a D.C. law on three occasions over the past 40 years.
One of the three laws overturned by Congress was the Sexual Assault Reform Act of 1981, which called for repealing the city’s antiquated sodomy law that made it a crime for consenting same-sex adults and consenting heterosexual adult to engage in oral or anal sodomy. It took another 12 years for the Council to pass legislation repealing the D.C. sodomy law in 1993. At that time gay then-U.S. Rep. Barney Frank (D-Mass.) played a lead role in persuading Congress not to overturn the sodomy repeal law once again.
But with states throughout the country now passing or considering anti-LGBTQ bills, including bills targeting transgender people and drag performances, the emboldened action by the U.S. House on Feb. 7 to overturn two bills passed by the D.C. Council raises the possibility that GOP lawmakers in Congress might attempt to impose anti-LGBTQ policies on the District.
Norton has pointed out that although Congress has so far overturned only three D.C. laws, it has also imposed restrictions on the city through its power to control the city’s budget and spending. Without needing approval by the Senate, the GOP-controlled House has in the past — and can at this time — add hostile provisions to the city’s annual budget bill.
In recent years, the House has used the budget process to ban D.C. funding for abortions for women in financial need and to block the city from allowing the sale of marijuana as part of D.C.’s legislation – which Congress allowed the city to pass – decriminalizing the possession of marijuana.
Most LGBTQ activists contacted by the Blade said they haven’t had a chance to read the entire 450-page Revised Criminal Code Act, but from what they have learned about the bill from media reports leads them to believe it most likely would not impact LGBTQ people any more or less than the overall D.C. population.
Some activists, however, point out that transgender women of color have been targeted for crimes in the D.C. area, including murder, in greater numbers than others in the community. And the release by D.C. police in January of the city’s data on reported hate crimes in 2022 show that similar to the past 10 years or more, LGBTQ people were targeted for hate crimes in greater numbers than other categories of victims of hate crimes such as race, ethnicity, or religion.
“I’m not certain what contributes to the uptick in some types of calls that we’ve seen or some of the crimes that we’ve seen,” said D.C. Police Chief Robert Contee in response to a question from the Blade about what, if anything, police can do to address hate crimes targeting LGBTQ people.
“But our commitment is to investigate those cases thoroughly and hold people accountable when we identify people who are responsible for those types of crimes,” Contee said. “Our LGBT community is something special, not just to Washington, D.C. but to the Metropolitan Police Department,” he said. “They have a strong relationship with our Special Liaison Branch,” he noted, which oversees the department’s LGBT Liaison Unit.
“So, we’re going to continue to do the things we need to do to make sure that those calls are coming in and people are trusting us to report these crimes to us,” Contee told the Blade. “And again, we do everything we can to investigate those crimes.”
District of Columbia
D.C. Council member proposes change for Mayor’s Office of LGBTQ Affairs
Parker also seeks increased funding for LGBTQ programs in FY 2025 budget
D.C. Council member Zachary Parker (D-Ward 5), the Council’s only LGBTQ member, has asked his fellow Council members to support a proposal to change the Mayor’s Office of LGBTQ Affairs to become a “stand-alone entity outside the Executive Office of the Mayor to allow for greater transparency and accountability that reflects its evolution over the years.”
In an April 30 letter to each of his 12 fellow Council members, Parker said he plans to introduce an amendment to the city’s Fiscal Year 2025 Budget Support Act to make this change for the LGBTQ Affairs Office.
His letter also calls for adding to the city’s FY 2025 budget two specific funding proposals that local LGBTQ activists submitted to D.C. Mayor Muriel Bowser that the mayor did not include in her budget proposal submitted to the Council. One calls for $1.5 million to fund the completion of the build out and renovation for the D.C. Center for the LGBTQ Community’s new building in the city’s Shaw neighborhood and $300,000 in subsequent years to support the LGBTQ Center’s operations.
Parker’s second budget proposal calls for what he said was about $450,000 to fund 20 additional dedicated LGBTQ housing vouchers as part of the city’s existing program to provide emergency housing support for LGBTQ residents and other residents facing homelessness.
“The Office of LGBTQ+ Affairs currently manages about 90 vouchers across various programs and needs,” Parker said in his letter to fellow Council members. “Adding an additional 20 vouchers will cost roughly $450,000,” he wrote, adding that dedicated vouchers “play a crucial role in ensuring LGBTQ+ residents of the District can navigate the complex process of securing housing placements.”
In her proposed FY ’25 budget, Bowser calls for a 7.6 percent increase in funding for the Office of LGBTQ Affairs, which amounts to an increase of $132,000, bringing the office’s total funding to $1.7 million.
“To be clear, I support the strong work and current leadership of the Office of LGBTQ+ Affairs,” Parker says in his letter to fellow Council members. “This push for change is in recognition of the office’s notable achievements and the significant demands being placed on it, which require a greater level of accountability.”
Parker told the Blade in an April 30 telephone interview that he believes Japer Bowles, the current director of the Office of L|GBTQ Affairs is doing an excellent job in operating the office, but he believes the office would be able to do more for the LGBTQ community under the change he is proposing.
“Making it a stand-alone office versus it being clustered within the Community Affairs division of the mayor’s office, it will get more attention,” Parker told the Blade. “The leadership will have greater flexibility to advocate for the interest of LGBTQ residents, And we will be able to conduct greater oversight of the office,” he said, referring to the Council’s oversight process.
Parker noted that other community constituent offices in the mayor’s office, including the Office of Latino Affairs and the Office of Veterans Affairs are stand-alone offices that he hopes to bring about for the LGBTQ Affairs Office. He said Council member Brianne Nadeau, who chairs the Council committee that has oversight for the LGBTQ Affairs Office, has expressed support for his proposal.
Also expressing support for Parker’s proposal to make the LGBTQ Affairs Office a stand-alone office is the D.C. Advisory Neighborhood Commission Rainbow Caucus. Vincent Slatt, the caucus’s chairperson, submitted testimony last week before the D.C. Council Committee on Public Works and Operations, which is chaired by Nadeau, calling for making the LGBTQ Affairs Office a stand-alone office outside the Executive Office of the Mayor.
Slatt also stated in his testimony that the office has a “chronic staffing shortage” and recommended that at least three additional staff members be assigned to the office.
Daniel Gleick, the mayor’s press secretary, told the Blade the mayor’s office is reviewing Parker’s budget proposals, including the proposed change for the Office of LGBTQ Affairs.
But in testimony at a May 1, D.C. Council budget hearing before the Council’s Committee on Executive Administration and Labor, Lindsey Parker, Mayor Bowser’s Chief of Staff, appeared to express skepticism over making the LGBTQ Affairs office a stand-alone office. Lindsey Parker expressed her thoughts on the proposed change when asked about it by Councilmember Anita Bonds (D-At-Large), who chairs the committee that held the hearing.
“I would proffer that it doesn’t matter whether the agency is within the EOM [Executive Office of the Mayor] or not,” Lindsey Parker told Bonds. “They will still be reporting up into one would argue the most important agency in the D.C. government, which is the one that supports the mayor,” Lindsey Parker said. “So, it’s the closest to the mayor that you can get,” she said “So, you could pull it out and have a different budget chapter. I actually think that’s confusing and convoluted.”
Lindsey Parker added, “The Mayor’s Office of LGBTQ Affairs, with their six FTEs right now, if they were a stand-alone function they wouldn’t have all the non-personnel services in order to operate. They need to be under sort of the shop of the EOM in order to get those resources.”
By FETs Lindsey Parker was referring to the term Full Time Equivalent employees.
District of Columbia
As You Are bar closes temporarily, citing problems with building
Shutdown comes two months after fundraising appeal brought in $170,000
As You Are, the LGBTQ café and bar located in the Barracks Row section of Capitol Hill near the Eastern Market Metro station, has announced on its Instagram page that problems associated with its building at 500 8th St., S.E., forced it to “temporarily” close on April 8.
“As you may be aware, As You Are’s location in Eastern Market has been closed since April 8, when we began to have concerns about the physical condition of the building,” the Instagram message states. “We worked quickly to alert our landlord, and they have assessed the building with their engineers,” the message says.
“We understand that certain repairs need to be made to ensure the safety of our staff, patrons, and community,” the message concludes.
In one of two more recent videos posted on Instagram on April 17 and 26, As You Are co-owners Jo McDaniel and Rachel Pike said they did not have any update on when they can reopen. “The engineers and contractors have all come into the space, and we’re just waiting on a plan and a timeline from our landlord,” McDaniel said in the video.
Pike mentioned in one of the videos that As You Are has a Venmo app set up, and said they appreciate the support they have been receiving from the community. McDaniel added, “We’re really interested in supporting our team through this, as this is an unexpected loss of income for all of us.”
McDaniel didn’t immediately respond to a request from the Washington Blade for a further update on where things stand with the building repair project and the specific nature of the problems with the building. An earlier message posted on the As You Are website said, “Heavy rain damaged the back wall of our building, and we are closed to assess and repair.”
The message added, “Regular updates and ways to support can be found on our Instagram page @asyouaredc.”
The April 8 shutdown came a little over two months after As You Are issued a GoFundMe appeal on Feb. 5 seeking emergency financial support to prevent it from closing in February due to a $150,000 debt. In a display of strong community support, its $150,000 fundraising goal was reached in less than a week. By the following week, the GoFundMe appeal had pulled in more than $170,000 from more than 3,000 individual donations.
Many of the donors left messages on the GoFundMe page for As You Are expressing their strong support for the bar and café, saying it served as a uniquely supportive space for all members of the LGBTQ community.
In the GoFundMe message, McDaniel and Pike said their goal in opening their business in March 2022 was to offer community center type programming beyond just a bar and café.
“AYA is a café, bar and dance floor that hosts diverse programming nearly every night of the week, including social sport leagues, Queer youth socials, weekly karaoke, book clubs, open mics, Queer author events, dance parties, and much more,” the two said in their message.
The building’s owner and the As You Are landlord, Rueben Bajaj, who is the principal operator of the Bethesda, Md., based real estate firm White Star Investments, couldn’t immediately be reached for comment. The Washington Post reported that he contributed $500 to the As You Are GoFundMe appeal, saying, “I personally want to see As You Are succeed.”
District of Columbia
Weekend brings two shootings in U Street, Dupont Circle areas
Man dies after incident at Desperados
A man was shot to death shortly after 1 a.m. on Saturday, April 27, inside the Desperados Burgers & Bar at 1342 U St., N.W., which is located on the same block a short distance away from the LGBTQ nightclub Bunker D.C. and around the corner less than a block away from the recently opened LGBTQ bar Crush on 14th Street, N.W.
The incident prompted Bunker to post on its Facebook page a message saying its security team quickly ushered patrons standing outside to enter the club and as a precautionary measure prevented patrons from leaving until it was deemed safe to do so.
A D.C. police statement identifies the shooting victim as Kenneth Goins, 43, of Salisbury, Md. The statement says officers on patrol in the 1300 block of U Street, N.W. heard gunshots at about 1:12 a.m. and immediately arrived at Desperados to investigate the incident.
“Officers located a man inside with multiple gunshot wounds,” the statement says. “Despite all life saving efforts, the victim was pronounced dead on the scene,” it says. Neither the statement nor a police incident report pertaining to the shooting provides a description of the person who committed the shooting nor discloses whether any of the customers inside the restaurant and bar witnessed the shooting.
The statement says the police Homicide Branch is investigating the shooting and urges anyone with knowledge of the incident to call police at 202-272-9099. Like all homicide cases, it says the D.C. Metropolitan Police Department offers a reward of up to $25,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District.
“There was a shooting incident on U ST. N.W., just 4 doors down from BUNKER,” the Bunker Facebook post says. “Our security team promptly responded, ensuring the safety of everyone by ushering them inside for cover,” it says. “Currently, the courageous police officers are outside, handling the situation and working diligently to maintain a secure environment for our guests,” the message continues.
“As a responsible establishment, we strongly prioritize your safety, and as a precautionary measure, we will not permit anyone to exit the building until we deem it safe to do so,” the posting says. “Rest assured, we, as the owners, take this matter very seriously, and your safety remains our highest priority.”
The U Street shooting at Desperados Burgers & Bar took place a little over two hours after six people were shot and wounded outside the Decades nightclub at 1219 Connecticut Ave., N.W. near Dupont Circle and near several gay bars on P Street and 17th Street in the Dupont Circle area. Police said none of those who were shot suffered life-threatening injuries
A separate police statement says with the help of several witnesses, police identified and arrested Rennwel Mantock, 29, of Hyattsville, Md., in connection with the shooting on charges of Assault with Intent to Kill, Possession of Unregistered Ammunition, and Possession of an Unregistered Firearm. The statement says a gun belonging to Mantock was recovered on the scene. Court records show a judge has ordered him to be held without bond until a May 7 preliminary hearing.
“The detectives’ investigation determined Mantock opened fire after employees removed him from a nightclub following a dispute,” according to the statement.
A police arrest affidavit filed in D.C. Superior Court says Mantock told police at the time he was apprehended on the scene that he was dancing with a woman at the club when a security guard ordered him to leave and then “grabbed him by the neck and punched him in the face right before dragging him down the steps.” The Decades club states on its website that it has several floors with multiple bars.
According to the arrest affidavit, Mantock told police that one of the security officials punched him in the face again and threw him to the ground after dragging him out the door. It says Mantock “stated that he then pulled out his gun and started shooting” because “he was very upset about the security punching him in the face,” adding that he “began firing at the Decades’ security.”
The affidavit says five of the six people shot were Decades employees.
Gay former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, who lives near where the shooting took place, said Decades is not known as a place that LGBTQ people patronize but said the surrounding neighborhood is home to many LGBTQ residents and draws many LGBTQ visitors.
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