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D.C. debates how to cope with crime as reform bill heads to Senate

House Democrats join GOP in voting to overturn measure

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‘Our LGBT community is something special, not just to Washington, D.C. but to the Metropolitan Police Department,’ said D.C. Police Chief Robert Contee. (Washington Blade file photo by Lou Chibbaro, Jr.)

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.

Mayor Muriel Bowser vetoed a controversial criminal code reform bill, setting off a citywide debate about how to cope with crime. (Washington Blade file photo by Michael Key)

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.”

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District of Columbia

D.C. man fatally stabbed by partner was convicted twice for domestic violence

Ted Anthony Brown faces second-degree murder charge

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D.C. police said Tommy Hudson, 58, was found unconscious on the front steps of this house at 517 Harvard St., N.W. on May 26 shortly after he was fatally stabbed inside the house by his partner. (Blade photo by Lou Chibbaro, Jr.)

Prosecutors with the Office of the U.S. Attorney for D.C. disclosed in court filings that Tommy Hudson, 58, the gay man who was stabbed to death by his domestic partner on May 26, had a criminal record of eight arrests and convictions between 1987 and 2018, including two domestic violence assault convictions in which the partner charged with killing him was the victim.

Ted Anthony Brown, 54, who court records show had a longtime romantic relationship with Hudson, was charged on May 29 with second-degree murder while armed for allegedly fatally stabbing Hudson inside Brown’s apartment at 517 Harvard St., N.W., following an argument  He is being held in jail without bond while awaiting trial.

Charging documents filed in D.C. Superior Court show that at the time of his arrest, Brown waived his Miranda rights to remain silent and confessed to having stabbed Hudson, saying he did so after Hudson punched him in the face while the two were arguing.

“Brown reported that he and the decedent have been involved in a romantic relationship for a significant period and that he was very jealous of the decedent’s possible infidelities,” an affidavit by police in support of his arrest states. “Suspect 1 [Brown] reported to detectives that he believed the decedent punching him to the face did not justify Suspect 1 stabbing the decedent, which ultimately killed him,” the affidavit says.

Court records show that prosecutors with the Office of the U.S. Attorney on May 31 sent a letter to Brown’s defense attorney, Todd Baldwin, disclosing Hudson’s prior arrests and convictions as part of a required discovery process in which prosecutors must disclose information relevant to a criminal case to the defense, even if the information may be harmful to the prosecutors’ case at trial.

The prosecutors’ letter, sent by Assistant U.S. Attorney Lauren Galloway, says Hudson’s prior convictions include a 2018 charge of violating a Temporary Protection Order requiring he stay away from someone he was accused of threatening with domestic violence; a 2015 charge of domestic violence related simple assault against his partner Brown;  and a 2014 domestic violence related simple assault and unlawful entry charge also involving Brown.

 The letter says Hudson was also convicted of a 2012 charge of Bail Reform Act violation; a 2010 charge of possession of cocaine; a 2002 charge of cruelty to an animal; a 2001 charge of felony “escape;” a 2000 charge of second-degree theft; a 1997 charge of violation of the Bail Reform Act; and a 1987 charge of criminal “contempt.”

Court records, meanwhile, show that on June 17 D.C. Superior Court Judge Anthony Epstein approved a motion by the defense calling for defendant Brown to undergo a mental health competency screening to determine whether he is competent to stand trial. Prosecutors did not oppose the motion. The judge scheduled a “Mental Observation” hearing for Brown on July 11 to review and assess the findings of the competency screening.

Court records also show that prosecutors agreed to keep a plea bargain offer they made earlier open until the findings of the mental health exam become known.

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District of Columbia

Bernie Delia, attorney, beloved Capital Pride organizer, dies at 68

Activist worked at Justice Department, White House as attorney

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Bernie Delia (Washington Blade photo by Michael Key)

Bernie Delia, a founding member of the Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events, and who served most recently as co-chair of World Pride 2025, which D.C. will be hosting next June, died unexpectedly on Friday, June 21, according to a statement released by Capital Pride Alliance. He was 68.

“It is with great sadness that the Capital Pride Alliance mourns the passing of Bernie Delia,” the statement says. “We will always reflect on his life and legacy as a champion, activist, survivor, mentor, friend, leader, and a true inspiration to the LGBTQ+ community.”

The statement says that in addition to serving six years as the Capital Pride Alliance board president, Delia served for several years as president of Dignity Washington, the local LGBTQ Catholic organization, where he helped create “an environment for spiritual enrichment during the height of the AIDS epidemic.”

“He also had a distinguished legal career, serving as one of the first openly gay appointees at the U.S. Department of Justice and later as an appellate attorney,” the statement reads.

Delia’s LinkedIn page shows that he worked at the U.S. Department of Justice for 26 years, serving as an assistant U.S. attorney from 2001 to 2019. Prior to that, he served from 1997 to 2001 as associate deputy attorney general and from 1994 to 1997 served as senior counsel to the director of the Executive Office for United States Attorneys, which provides executive and administrative support for 93 U.S. attorneys located throughout the country.

His LinkedIn page shows he served from January-June 1993 as deputy director of the Office of Presidential Personnel during the administration of President Bill Clinton, in which he was part of the White House staff. And it shows he began his career as legal editor of the Bureau of National Affairs, which published news reports on legal issues, from 1983-1993.

The Capital Pride Alliance statement describes Delia as “an avid runner who served as the coordinator of the D.C. Front Runners and Stonewall Kickball LGBTQ sports groups.”

“He understood the value, purpose, and the urgency of the LGBTQ+ community to work together and support one another,” the statement says. “He poured his soul into our journey toward World Pride, which was a goal of his from the start of his involvement with Capital Pride.”

The statement adds, “Bernie will continue to guide us forward to ensure we meet this important milestone as we gather with the world to be visible, heard, and authentic. We love you, Bernie!”

In a statement posted on social media, D.C. Mayor Muriel Bowser said she and her administration were “heartbroken” over the news of Delia’s passing.

“Bernie leaves behind an incredible legacy in our city and country — through his life and advocacy, he helped pave a path for LGBTQIA+ residents in our city and within the federal government to live and work openly and proudly,” the mayor says in her statement.

“He helped transform Capital Pride into one of the largest and most inclusive Pride celebrations in the nation — a true reflection and representation of our people and values,” the statement says. “This is the D.C. that Bernie helped build and that he leaves behind.”

“All of the hopes and dreams that we had about what Pride could be and what CPA could do, are things that Bernie actualized over the last many years and in his work for next year,” said Vincent Slatt, Rainbow History Project’s director of archiving in a statement. “He wasn’t the first one to say it, but he always reminded everyone: ‘we make each Pride special because, for someone, it is their first Pride, and they’ll remember it always.’ Bernie lived that ideal each and every year. WorldPride 2025 will be a testament to his efforts and his legacy will live on — it will be someone’s first Pride. We’ll try to make Bernie proud of us.”

Delia’s oral history interview is part of the Rainbow History Project Archives. You can access it at rainbowhistory.org.

Ashley Smith, the Capital Pride Alliance president, said he and other Capital Pride officials became concerned when Delia did not respond to their routine calls or messages. Smith said he called D.C. police to arrange for a welfare check on Delia at his house in Northwest D.C. on Friday, June 21. He said police accompanied him to Delia’s house and police entered the house and found Delia unconscious.

Smith said an ambulance was called and attempts to resuscitate Delia were unsuccessful. Smith said a definitive cause of death had not been determined other than it was due to natural causes. “He had a heart attack last year, so he had been recovering from that, but he seemed to have been doing in fairly good order,”  Smith told the Blade.

Smith said the emergency medical technicians who arrived at the scene and who declared Delia deceased said, “it looked like it probably had to do with the previous heart condition that he already had, and that it’s more than likely what it came from,” Smith said in referring to Delia’s passing. “He died peacefully at home,” Smith added.

Smith and Dignity Washington spokesperson Jake Hudson said Delia’s two sisters, one from Baltimore and the other from Charlotte, N.C., were in D.C. working on funeral arrangements. Smith and Hudson said Capital Pride and Dignity planned to consult with the two sisters on plans for a possible Catholic mass in Delia’s honor as well as a celebration of life that Smith said would take place in D.C. in August or September.

Capital Pride was also working with the sisters to create a memorial fund in Delia’s honor that would raise money for the causes and programs that Delia supported over the course of his many years as an activist. “It’s still being formulated,” Smith said. “That will be forthcoming when we get ready to do the celebration of life ceremony and everything else,” he said.

According to Smith, the sisters, in consultation with Joseph Gawler’s and Sons funeral home in Northwest D.C,  were making arrangements for a cremation rather than a burial.

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District of Columbia

D.C. Council budget bill includes $8.5 million in LGBTQ provisions

Measure also changes Mayor’s Office of LGBTQ Affairs

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The D.C. Council approved Mayor Muriel Bowser’s budget proposal calling for $5.25 million in funding for World Pride 2025. (Washington Blade photo by Michael Key)

The D.C. Council on June 12 gave final approval for a $21 billion fiscal year 2025 budget for the District of Columbia that includes more than $8.5 million in funding for LGBTQ-related programs, including $5.25 million in support of the June 2025 World Pride celebration that D.C. will be hosting.

Also included in the budget is $1.7 million in funds for the Mayor’s Office of LGBTQ Affairs, which includes an increase of $132,000 over the office’s funding for the current fiscal year, and a one-time funding of $1 million for the completion of the renovation of the D.C. Center for the LGBTQ Community’s new building in the city’s Shaw neighborhood.

The D.C. LGBTQ+ Budget Coalition earlier this year asked both the D.C. Council and Mayor Muriel Bowser to approve $1.5 million for the D.C. Center’s building renovation and an additional $300,000 in “recurring” funding for the LGBTQ Center in subsequent years “to support ongoing operational costs and programmatic initiatives.” In its final budget measure, the Council approved $1 million for the renovation work and did not approve the proposed $600,000 in annual operational funding for the center.

The mayor’s budget proposal, which called for the $5.25 million in funding for World Pride 2025, did not include funding for the D.C. LGBTQ Center or for several other funding requests by the LGBTQ+ Budget Coalition.

At the request of D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member, the Council approved at least two other funding requests by the LGBTQ+ Budget Coalition in addition to the funding for the LGBTQ Center. One is $595,000 for 20 additional dedicated housing vouchers for LGBTQ residents who face housing insecurity or homelessness. The LGBTQ housing vouchers are administered by the Office of LGBTQ Affairs.

The other funding allocation pushed by Parker is $250,000 in funds to support a Black LGBTQ+ History Commission and Black LGBTQIA+ history program that Parker proposed that will also be administered by the LGBTQ Affairs office.

Also at Parker’s request, the Council included in its budget bill a proposal by Parker to change the Mayor’s Office of LGBTQ Affairs to become a “stand-alone entity” outside the Executive Office of the Mayor. Parker told the Washington Blade this change would “allow for greater transparency and accountability that reflects its evolution over the years.”

He said the change would also give the person serving as the office’s director, who is currently LGBTQ rights advocate Japer Bowles, “greater flexibility to advocate for the interest of LGBTQ residents” and give the Council greater oversight of the office. Parker noted that other community constituent offices under the mayor’s office, including the Office of Latino Affairs and the Office of Veterans Affairs, are stand-alone offices.

The budget bill includes another LGBTQ funding provision introduced by D.C. Council member Charles Allen (D-Ward 6) that allocates $100,000 in grants to support LGBTQ supportive businesses in Ward 6 that would be awarded and administered by the Office of LGBTQ Affairs. Allen spokesperson Eric Salmi said Allen had in mind two potential businesses on 8th Street, S.E. in the Barracks Row section of Capitol Hill as potential applicants for the grants.

One is the LGBTQ café and bar As You Are, which had to close temporarily earlier this year due to structural problems in the building it rents. The other potential applicant, Salmi said, is Little District Books, D.C.’s only LGBTQ bookstore that’s located on 8th Street across the street from the U.S. Marine Barracks.

“It’s kind of recognizing Barrack’s Row has a long history of creating spaces that are intended for and safe for the LGBTQ community and wanting to continue that history,” Salmi said  “So, that was his kind of intent behind the language in that funding.”

The mayor’s budget proposal also called for continuing an annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents experiencing homelessness and housing instability.

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