National
White House protesters appear in court
Judge questions prosecution of LGBT demonstrators in ‘Don’t Ask’ case
(Washington Blade photo by Michael Key)
A U.S. District Court judge told a federal prosecutor in court on Friday that the government appeared to be invoking an overly harsh charge against 13 LGBT activists who were arrested for handcuffing themselves to the White House fence last November to protest the “Don’t Ask, Don’t Tell” law.
In a status hearing at the U.S. courthouse in D.C., Judge Magistrate John M. Facciola said the government’s decision to charge the protesters with a misdemeanor offense that carries a maximum penalty of six months in jail seemed out of keeping with other non-violent civil disobedience cases that involve the arrest of protesters.
Facciola noted that attorneys representing the 13 activists — including former Army Lt. Dan Choi and former Army Staff Sgt. Miriam Ben-Shalom – have called for a trial of each of the defendants unless the government agrees to a less serious charge. A trial for 13 people would cost the government a considerable amount of money and would take up court time that could better be used for other cases, the judge said.
“We think the judge was telegraphing very clearly that he sees the case very similar to the way we see this case — as a civil rights exercise, as a First Amendment exercise as people who non-violently expressed their opposition to a policy which has now been repealed,” said defense attorney Mark Goldstone after the hearing.
Goldstone said Assistant U.S. Attorney Angela George, the prosecutor in the case, has so far declined to consider a number of possible alternative charges proposed by the defense. Among them is a less serious disorderly conduct charge that falls under D.C. law rather than the current federal charge filed against the defendants: failure to obey a lawful order by U.S. Park Police.
Park Police, which patrol the space surrounding the White House, made the arrests in the case after the protesters handcuffed themselves to the fence in front of the White House on Pennsylvania Ave., N.W.
George cited various reasons why the government chose not to accept the suggested options offered by Goldstone and attorney Ann Wilcox, who is assisting Goldstone in the defense. Among other things, she said technical and legal restrictions would likely prevent the government form filing other charges.
Goldstone and Wilcox have proposed, among other things, a “post and forfeit” option that allows the defendants to pay a fine and calls for the charge to be dropped. The two also proposed that the defendants be charged with another misdemeanor offense that allows the government to drop the charge if they successfully perform community service work.
According to the two attorneys, all these options have been used in numerous past cases involving non-violent civil disobedience arrests. Goldstone noted that Choi and another LGBT protester who were arrested for handcuffing themselves to the White House fence in an earlier protest last year were offered a post and forfeit option.
He said that while the judge would not likely issue a six-month sentence if the defendants pled guilty to the current charge, a guilty plea to such a charage would result in them having a permanent criminal record. A criminal record could result in at least two of the defendants, including Ben Shalom, losing their jobs as teachers, he said.
“For some unknown reason, they are taking a harder line in this case,” Goldstone told reporters after the hearing.
Facciola directed George to continue to negotiate with the defense on a possible alternate charge or course of action. He scheduled a follow-up status hearing for May 17. If no agreement is reached by then he directed the parties to return to court on Sept. 19 for either the start of a trial or a plea to an agreed upon charge.
A spokesperson with the U.S. Attorney’s office said Monday that the office would have no comment on the case while is pending in court.
In addition to Choi and Ben-Shalom, the other defendants in the case include former Petty Officer Autumn Sandeen, former Cadet Mara Boyd, former Maine Corps Sgt. Justin Elzie, former Army Arabic linguist Ian Finkenbinder, Marine combat veteran Crpl. Evelyn Thomas and Army veteran Rob Smith.
Others include Robin McGehee, co-founder of GetEqual, the direct action LGBT group that organized the White House protest; Dan Fotou, GetEqual’s eastern regional field director; Fr. Geoff Farrow, a Catholic priest who was suspended by Catholic authorities in California for defending the state’s same-sex marriage law against Proposition 8; Scott Wooledge, an LGBT rights advocate and blogger; and Michael Bedwell, a longtime LGBT activist and friend of Leonard Matlovich, the late LGBT activist and former Air Force sergeant who became the first known gay to publicly declare his sexual orientation in 1975 to challenge the military’s ban on gay service members.
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].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
Comings & Goings
Kansas passes bathroom bounty hunter bill
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
Two very different views of the State of the Union
Va. activists preparing campaign in support of repealing marriage amendment
