Local
Rehoboth Beach sued over refusal to approve theater buildings
Clear Space says permit revocation violates laws

A lawsuit filed on Aug. 13 by the Clear Space Theatre Company in Rehoboth Beach, Del., charges the city’s mayor and Board of Commissioners with violating local and state law by refusing to approve its plans to build a larger theater and an adjacent rehearsal theater in a new location.
Clear Space filed its lawsuit in the Superior Court of Delaware six weeks after the Board of Commissioners, which acts like a city council, and Rehoboth Mayor Stan Mills, who’s a member of the board, voted for the second time in eight months to overturn a decision by the city’s Planning Commission to approve plans for the two new theater buildings.
Supporters of the theater project, including many of Rehoboth’s LGBTQ residents and summer visitors, expressed strong opposition to the Board of Commissioners’ and mayor’s decision. Supporters have said the action was based on opposition to the theaters by a small but vocal minority of homeowners and renters who don’t want the theater buildings near their homes, even though they would be built on Rehoboth Avenue, which serves as the city’s main business and commercial boulevard.
The opponents have said the back walls of the two proposed theater buildings would face a residential street lined with houses and would create excessive noise and parking problems among other adverse effects. Wesley Paulson, the Clear Space Theatre executive director, has said steps have been taken to minimize noise and parking related issues and that the plans for the two theaters were in full compliance with zoning and building codes.
“We have worked patiently and respectfully through an arduous process for the past several years to obtain permits to build two new buildings on Rehoboth Avenue,” Clear Space says in a statement announcing the filing of the lawsuit. “Our permits were twice approved by the town building inspector and the Planning Commission – and is broadly supported by residents and the local business community,” the statement says.
“We were left with no choice but to file a petition with the courts,” Paulson said in the statement. “We are simply asking the city to follow the law and allow us to build a new theater at our property just down the street,” Paulson said.
Clear Space Theatre is currently located on Baltimore Avenue near the boardwalk and beach. The nonprofit theater company, which for many years has produced Broadway plays and musical performances that have attracted audiences from throughout the state and the mid-Atlantic region, said it has outgrown its current building and was hoping to move into its planned new buildings on Rehoboth Avenue.
The lawsuit was filed on the theater’s behalf by attorneys from the Wilmington law firm Barnes & Thornburg. It states that the vote by the mayor and city commissioners denying the theater’s building plans was in “legal error for multiple reasons.”
Among other things, the lawsuit says the mayor and commissioners incorrectly cite as one of their reasons for turning down the theater’s building plans was that the Planning Commission approved the smaller of the two buildings to be used for educational purposes such as theater classes. Opponents of the theater’s plans have pointed out that allowing the building to be used for educational purposes would violate the zoning law unless Clear Space provides a large number of parking spaces on the site of the two theater buildings, something Clear Space was not able to do.
But the lawsuit says the theater’s official application for its new buildings does not call for an educational use of the buildings and that it was the Planning Commission that added that provision to its approval of the plans on its own as an “accessory” use of the buildings. According to the lawsuit, “the Mayor and City Commissioners do not possess jurisdiction to decide what is or is not an accessory use.” That function is the responsibility of the Rehoboth Beach Board of Adjustment, the lawsuit says.
“The Mayor and City Commissioner’s decision erroneously conflates the Applications’ site plans, which were before the Planning Commission for approval, with the Applications’ building plans, which were not,” the lawsuit says. It calls on the court to reverse the mayor and city commissioners’ decision to overturn the Planning Commission’s approval of the building project.
Rehoboth City Manager Sharon Lynn, who often acts as the city’s official spokesperson, declined to comment on the lawsuit other than to say the city usually does not comment on pending legal matters, according to a report by the Cape Gazette, the local Rehoboth area newspaper.
Under court rules, the mayor and commissioners must respond to the lawsuit within 20 days after they are served legal papers informing them of the suit.
Gay D.C. attorney Harvey Shulman, who owns a home in Rehoboth and is one of the leaders of the opponents of the theater’s building plan, expressed strong doubts about the merits of the lawsuit, which he said was “grasping at straws, and even the straws aren’t there.”
Shulman has said that at least 15 percent of the 63 Rehoboth homeowners or renters who signed on as official “appellants” to oppose the Clear Space building plans are gay.
D.C. gay activist Peter Rosenstein, who also owns a home in the Rehoboth area and supports the theater’s building project, said he believes the overwhelming majority of Rehoboth’s large LGBTQ community supports the theater’s building plans.
Maryland
A Baltimore theater educator lost jobs at Johns Hopkins and the Kennedy Center
Tavish Forsyth concluded they could not work for Trump

BY WESLEY CASE | Tavish Forsyth had come to a conclusion: They could not work for President Donald Trump.
So the 32-year-old Baltimore resident stripped down, turned on their camera, and lit their career on fire.
“F—— Donald Trump and f—— the Kennedy Center,” a naked Forsyth, an associate artistic lead at the Washington National Opera’s Opera Institute, which is run by the Kennedy Center, said in a video that went viral. The board of the nation’s leading cultural institution had elected Trump just weeks prior as its chairman after he gutted the board of members appointed by his predecessor, President Joe Biden.
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
Little Gay Pub to host April 25 celebration of life for Patrick Shaw
School teacher, D.C. resident praised for ‘warmth, humor, kindness’

Co-workers and friends will hold a celebration of life for highly acclaimed schoolteacher and D.C. resident Patrick Shaw beginning at 5:30 p.m. Friday, April 25 at The Little Gay Pub 1100 P St., N.W.
Little Gay Pub co-owner and Shaw’s friend, Dusty Martinez, said Shaw passed away unexpectedly on April 19 from a heart related ailment at the age of 60.
“Patrick touched so many lives with his warmth, humor, kindness, and unmistakable spark,” Martinez said. “He was a truly special soul – funny, vibrant, sassy, and full of life and we are heartbroken by his loss.”
In an Instagram posting, Shaw’s colleagues said Shaw was a second-grade special education teacher at the J.F. Cook campus of D.C.’s Mundo Verde Bilingual Public Charter School.
“Patrick brought warmth, joy, and deep commitment to Mundo Verde,” his colleagues said in their posting. “His daily Broadway sing-alongs, vibrant outfits, and genuine love for his students filled our community with energy and laughter.”
The posted message adds, “Patrick was more than a teacher; he was a light in our school, inspiring us all to show up with heart, humor, and kindness every day. His spirit will be deeply missed.”
The Washington Blade is preparing a full obituary on Patrick Shaw to be published soon.
District of Columbia
D.C. police seek help in identifying suspect in anti-gay threats case
Victim threatened with assault, called ‘faggot’ as he left Capitals game

D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera after he allegedly shouted anti-gay slurs and threatened to assault a man at 6th and H Streets, N.W. on March 20 at about 9:54 p.m.
A police report says the victim told police the incident took place shortly after he exited the nearby Capital One Arena where he had attended a Washington Capitals hockey game.
The police report says the incident began when the victim saw the suspect yell a racist slur at a person behind the victim and started to berate a valet operator.
“Suspect 1 then turned his attention to Victim 1 and called him a ‘faggot’ among other homophobic slurs,” the report says. It says the victim then used his phone to record the suspect, prompting the suspect to walk away before returning and “snatching” the phone from the victim’s hand.
“Suspect 1 walked several feet as Victim 1 followed, requesting his phone back,” the report continues. “Suspect 1 stopped and turned to Victim 1 and while yelling other obscenities exclaimed ‘if you keep recording, I’m going to kick your ass.’” The report concludes by saying the victim was able to recover his phone.
It lists the incident as a “Threats To Do Bodily Harm” offense that is a suspected hate crime.
“Anyone who can identify this suspect or has knowledge of this incident should take no action but call police at 202-727-9099, or text your tip to the Department’s TEXT TIP LINE at 50411,” according to a separate police statement released April 23.
The statement says police currently offer an award of up to $1,000 to anyone who can provide information that leads to an arrest and indictment of the person or persons responsible for a crime committed in D.C.
D.C. police spokesperson Tom Lynch said the case has been under investigation since the incident occurred on March 20. He said the video image of the suspect, most likely obtained from a security camera from a nearby business, was released to the public as soon as it was obtained and processed through the investigation.
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