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Third activist released from Kameny lawsuit

Attorneys for estate say picket signs, other property still missing

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Richard Rosendall, gay news, gay politics dc, Washington Blade

Gay activist, Richard Rosendall, has been released from the Kameny estate lawsuit. (Washington Blade file photo by Michael Key)

Gay activist Richard Rosendall, a longtime friend of the late gay rights leader Frank Kameny, testified in court on May 11 that he has returned several items he “borrowed” from Kameny’s house shortly after Kameny died last October.

Rosendall appeared in a courtroom at the D.C. Superior Court’s Probate Division in response to a show cause order obtained by attorneys representing Timothy Clark, the personal representative and main heir of Kameny’s estate.

Through his attorneys, Clark has charged in a lawsuit that Rosendall and three other Kameny friends and associates removed without permission documents and other property belonging to the Kameny estate from Kameny’s house in Northwest Washington shortly after Kameny died last Oct. 11.

“After the death of Franklin Edward Kameny, I borrowed, and held in my possession and control, certain personal properly lawfully belonging to the Estate of Franklin Edward Kameny,” Rosendall stated in a sworn affidavit submitted to the court two days prior to the hearing.

He identified in the affidavit and on the witness stand the items borrowed as “a copy of Dr. Kameny’s 1961 brief for the Supreme Court of the United States; a letter to or from [U.S. Supreme Court] Justice [Lewis] Powell; several letters between Dr. Kameny and an Army official concerning [the Gay and Lesbian Activists Alliance’s] wreath-laying ceremonies at Arlington Cemetery; a box of business cards; and three or four books.”

Two of the other three named in the lawsuit, Charles Francis and Bob Witeck, have returned items they acknowledged belonging to the estate. Rosendall testified at the May 11 hearing that he helped Francis carry 17 boxes filled with papers and other items from Kameny’s house, which he said Francis placed in a storage facility for safekeeping. Rosendall has said Clark, who lived in the house with Kameny for 19 years, gave them permission to enter the house.

Upon their return of the property last month, attorneys for the estate dismissed Francis and Witeck from the lawsuit.

Similar to Rosendall, Francis and Witeck have said they took possession of the items to ensure they remain safe and properly preserved during a period of confusion following Kameny’s death. Each has said they planned all along to return the items to the estate. Witeck has said the only items he took were several photographs.

Rosendall testified that he returned the items he borrowed to Francis, who returned them to the Kameny estate last month.

“The Estate of Dr. Franklin E. Kameny is satisfied that Richard J. Rosendall has returned the items that Mr. Rosendall removed from Dr. Kameny’s home shortly after Dr. Kameny’s death,” said Glen Ackerman, one of the attorneys representing Clark and the Kameny estate, in a statement to the Blade on Monday.

“However, there are still a number of important historical items still missing from the Estate, including Dr. Kameny’s collection of buttons, handmade picket signs and posters,” Ackerman said in the statement. “The Estate is attempting to recover these missing historically significant assets as a part of the probate process and to make certain that Dr. Kameny’s wishes as recorded in his Last Will and Testament are carried out fully.”

In his will, Kameny bequeathed his papers to the Library of Congress while leaving all other possessions, including his house and car, to Clark.

In response to questions at the May 11 court hearing by Kameny estate attorney J. Max Barger, Rosendall disputed claims by the estate that Clark believes as many as 100 picket signs were taken from the house after Kameny’s death. Rosendall told Barger he doubted that many picket signs had been in the house.

Kameny and his fellow gay activists used the picket signs in their historic gay rights demonstrations outside the White House and other government buildings in the early 1960s, the first such demonstrations ever held.

Barger and Ackerman told Judge John Campbell, who presided over the hearing, that the picket signs and buttons, which are inscribed with gay rights messages, have an important historic value and must be accounted for during the probate process for the estate.

Rosendall testified that he has possession of one of the picket signs, which he said Kameny gave permission for him to take several years prior to his death. He said Kameny also gave him a signed copy of The Homosexual Citizen, a publication of the Mattachine Society of Washington, which Kameny co-founded in 1961.

Mindy Daniels, Rosendall’s attorney, expressed concern during the hearing that the estate was confusing items that Kameny gave to Rosendall and others with items belonging to the estate. She noted items given away by someone prior to their death are not part of their estate after the person dies.

Ackerman told Campbell that Francis, Witeck, Rosendall and Marvin Carter, another Kameny friend, had not responded to earlier efforts by the estate to obtain from them an inventory of the items they allegedly took from Kameny’s house following Kameny’s death.

Daniels said the estate never contacted Rosendall about these items until it filed suit against him in March. Ackerman said the estate did make attempts to reach Rosendall and the other three men.

The estate named Carter as a defendant in one of the lawsuits seeking the return of items taken from Kameny’s house and petitioned the court to order him to appear at the May 11 show cause hearing, but Carter did not show up for the hearing. Barger told the court the estate wasn’t able to locate him to serve him a summons to appear at the hearing.

Carter hasn’t returned calls from the Blade seeking comment on the case. As head of the local LGBT charitable group Helping Our Brothers and Sisters (HOBS), Carter arranged for the group to provide financial assistance and support for Kameny in the last years of his life.

“I don’t know where we are going with this,” the judge told the attorneys at the hearing. “You can say to these folks give the items back,” Campbell said to Ackerman and Barger. “They can say we did. You can say they didn’t…But we’re not sitting in a criminal court. I can’t convict someone of theft.”

Campbell called on all parties in the case to cooperate and do their best to come up with an inventory of all property that belongs to the state.

He ruled that Rosendall fulfilled the requirements of the show cause order and ordered that he be released from the order. He denied a request from Ackerman and Barger that he issue a “non-disparagement” order prohibiting Rosendall from saying disparaging things about Clark or the Kameny estate. Ackerman told Campbell that an attorney representing Francis made derogatory remarks and false accusations against Clark earlier this year.

Campbell said that as a probate judge he did not have authority to issue such an order.

“I always hope that people will be civil,” he said.

The judge said he could not issue a ruling for Carter because the attorneys for the estate had not been able to serve him with a summons calling on him to appear in court.

Ackerman said the estate would file a motion to dismiss its lawsuit against Rosendall, leaving Carter as the only one of the four with the lawsuit still pending against him. The lawsuit calls on the court to require that Carter disclose what, if any, items he may have that belong to the estate and that he return any such items. Carter has yet to file a response to the lawsuit.

In his affidavit filed with the court, Rosendall, vice president for political affairs of the Gay and Lesbian Activists Alliance, made these additional assertions:

“I hereby affirm that I have destroyed or returned any and all copied, digitized, or otherwise electronically or physically duplicated property belonging to the Estate, including but not limited to: personal papers, photographs, documents, memorabilia and other miscellaneous items of tangible personal property. I further affirm that I have not caused the duplication and/or digitization, whether electronic or physical, of said property of the Estate to third parties.”

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District of Columbia

Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement

Gay former corrections officer says harassment, discrimination began in 1993

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Deon Jones (Photo courtesy of the American Civil Liberties Union)

Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.

The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.

A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”

The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:

Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.

Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.

The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.

Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”   

With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.

He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.   

BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?

JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.

And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.

BLADE: Can you tell a little about that and when it will begin?

JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.

BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?

JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.

BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?

JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.

BLADE: How many years have you been working for the Department of Corrections?

JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.

BLADE: Do you have any plans now other than doing the podcast?

JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.

BLADE: So, did you first start your work at the Lorton Prison?

JONES: Yes, I was at the central facility, which was the program institution.

MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.

BLADE: Yes, and that was located in Lorton, Va., is that right?

JONES: Right.

BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?

JONES: Yes. And that closed in 2001.

BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?

JONES: Yes, sir. And next-door is the correctional treatment facility as well.

BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?

JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.

BLADE: What do you mean by flashing?

JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.

BLADE: As best you can recall, where and what year did that happen?

JONES: That was back in 1993 in April of 1993.

BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?

JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.

They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.

BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?

JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.

BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?

JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.

BLADE: Is there any kind of concluding comment you may want to make?

JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.

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Baltimore

‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore

Hit show raises questions about identity, cultural representation

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(Photo courtesy of Crave HBO Max)

By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.

For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.

In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.

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

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Virginia

McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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