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White House protesters appear in court

Judge questions prosecution of LGBT demonstrators in ‘Don’t Ask’ case

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(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as a First Amendment exercise as people who non-violently expressed their opposition to a policy which has now been repealed,” said defense attorney Mark Goldstone after the hearing.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.

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Blade reporters reflect on covering Pulse massacre 10 years ago

Orlando stepped up to comfort and support its LGBTQ community

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Then-Florida Gov. Rick Scott at a memorial for Pulse victims in June 2016. (Blade file photo by Kevin Naff)

Friday marks 10 years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.

The massacre, which, at the time was the deadliest mass shooting in modern U.S. history, left the LGBTQ community in this country and around the world reeling. It also prompted renewed calls for gun control.

The OnePulse Foundation, which Pulse owner Barbara Poma founded after the massacre, raised upwards of $20 million for a memorial that never materialized. 

The city of Orlando in 2023 purchased the Pulse property for $2 million. Crews earlier this year demolished the former nightclub. The city of Orlando has pledged $12 million for a permanent memorial that is scheduled to open in 2027.

Washington Blade Editor Kevin Naff and International News Editor Michael K. Lavers reported from Orlando in the days after the massacre. Here are their reflections a decade later.

Describe the scene when you arrived in Orlando. Where did you go first?

NAFF: Most mainstream reporters headed for the Pulse nightclub, but it was already roped off with police keeping bystanders at least a full city block away. Instead, I hurried to The Center, Orlando’s LGBTQ community center, downtown. I expected to find it locked down with tight security but instead the doors were flung open and everyone inside was busy at work. No tears, just dedicated staff and volunteers working the phones to secure visas and free plane tickets for relatives of the victims. The director gave me a tour and in the back storage room were pallets and pallets of bottled water stacked to the ceiling. When I asked what all the water was for, he said the city had issued a call for blood donations and the lines to donate were 1,500 deep in 100-degree heat. So The Center drove around to all the sites to deliver water to all those standing in line. 

That scene was so inspiring and a testament to the strength and resiliency of the LGBTQ community. We’d seen tragedy before and knew how to respond.

LAVERS: I arrived in Orlando about 14 hours after the massacre took place. The city was shellshocked.

Then-Equality Florida CEO Nadine Smith hugs then-LGBT+ Center Orlando Executive Director Terry DeCarlo during a press conference at the LGBT+ Center Orlando’s offices in Orlando, Fla., on June 12, 2016. The press conference took place hours after a gunman killed 49 people and injured 50 others inside the Pulse nightclub. (Washington Blade photo by Jason Fronczek)

Equality Florida, the state’s LGBTQ advocacy group, and other organizations held a press conference at The Center shortly after my flight from D.C. landed. I drove there from the airport. Terry DeCarlo, who was The Center’s executive director at the time, along with then-Equality Florida Executive Director Nadine Smith and others spoke on behalf of a community that was reeling. The Center at the press conference handed out business cards that read, “You matter.” I had it in my wallet when I drove to a makeshift memorial that was a block from Pulse — the police had cordoned off the area immediately around the nightclub. A local resident who I interviewed told me that she did not know if her friends who were at Pulse when the gunman opened fire survived. Another person with whom I spoke shared a similar story. 

A torrential downpour began shortly after I arrived. The storm was an apt metaphor for the raw emotion of that horrific day.

What’s your most prominent memory of covering the Pulse massacre?

NAFF: I was covering a vigil in downtown Orlando when then-Florida Gov. Rick Scott’s motorcade arrived unannounced. To that point, he had not addressed the LGBTQ angle and seemed to be downplaying the fact that this was an attack on our community. I hurried to the front row as he held an impromptu news conference. To my dismay, he took only three short questions from TV reporters then rushed away. I grabbed his communications director and insisted that Scott take a question from the LGBTQ media. She agreed and told me to wait next to the SUV. When Scott approached, I asked him, “What is your message to LGBTQ Floridians?”

To my surprise, he sputtered, stammered, and broke into tears before telling me, “This was an attack, what else can you say? This was an attack against the gays, an attack against Hispanics, an attack against our country, our nation and it’s disgusting. The biggest thing we do now is ask how to make sure this doesn’t happen again.”

It was his first public acknowledgment that the LGBTQ community was the target of the attack.

LAVERS: Two moments stand out for me.

The first moment is when then-President Barack Obama and then-Vice President Joe Biden traveled to Orlando on June 16, four days after the massacre. I was one of the reporters who the White House asked to be part of the local press pool. I was about 50 feet away from Obama and Biden when they placed bouquets with 49 flowers — one for each of the victims — at a makeshift memorial between City Hall and the Dr. Phillips Center for the Performing Arts in downtown Orlando. Obama in remarks he made to the press pool mentioned one of the gay victims who had once said, “We cannot be afraid.” The emotions of the last four days simply became too much, and I broke down. Another reporter who was part of the press pool who was standing next to me realized I had broken down. She put her hand on my back to console me.

The second moment came a few weeks later when I was in Puerto Rico to cover the community’s response to the massacre and to interview victims’ relatives. Orlando has a very large Puerto Rican community, and nearly half of those who died at Pulse were of Puerto Rican descent.

I drove to Caguas, a city that is roughly 20 miles south of San Juan, the island’s capital, on July 7, and interviewed Aida Velázquez in her small apartment. Her son, Frankie “Jimmy” de Jesús, died at Pulse. Aida talked about her son, and she showed me pictures of him. Jimmy also danced Jíbaro, a Puerto Rican folk dance. The interview took place less than a month after the massacre — Jimmy’s funeral took place in Caguas less than two weeks earlier.

I sat in my car after the interview and sobbed uncontrollably for nearly five minutes. Nothing can possibly prepare you for interviewing a mother who had just lost her child in the most horrific way possible. 

How did the local community respond and what about their response gave you hope or inspiration?

NAFF: In addition to the staff at The Center working to assist victims and their families, everyday Orlando residents stepped up to help however they could. At the downtown vigils, straight mothers and fathers carried signs offering hugs to anyone who needed them. I encountered a group of young teenage males who approached a group of law enforcement officers and appeared to perform for them. When they finished, I asked what they were doing and they told me that they were straight friends who lived in Orlando and wanted to do something to help so they composed an uplifting rap song and walked around performing it for anyone who needed cheering up. 

LAVERS: The way that Orlando rallied around the LGBTQ community was simply inspiring. 

A mural in Orlando, Fla., in the months after the Pulse nightclub massacre. (Washington Blade photo by Michael K. Lavers)

Imam Muhammad Musri, president of the Islamic Society of Central Florida, at a memorial service that took place at the Dr. Phillips Performing Arts Center on June 13 said his organization was “united as Americans when it comes to standing with the LGBT community and their rights to live freely and to practice their lives here.” This comment underscored the outpouring of support that Orlando showed its LGBTQ community after Pulse. It was also a call for the better angels among us to reject hate in all of its forms.

What surprised you most about the experience?

NAFF: I was most surprised — and moved — after talking to Rev. Debreita Taylor of Oasis Fellowship Ministries, an LGBTQ-affirming ministry. 

“My message is love. Period. Love. Period. There’s nothing in the word of God that faith leaders can go to that teaches hate,” she told me. “Have faith and believe that evil and hate can be eradicated one person at a time. How do you treat someone? How do you embrace someone who treats you wrong? We all bleed, laugh, hope and have great victories and major defeats. And so, you know me, even if you don’t know my name — I’m you.”

LAVERS: It admittedly took me quite a while to fully process what I experienced in Orlando — I was focused on doing my job as a reporter, which was to cover the story, and, most importantly, show the human impact of what had happened. I suppose one surprising aspect of the time I spent in Orlando was that I found myself feeling more defiant against those who seek to destroy our community. They want us to live in fear, and I refuse to give them that satisfaction. 

What, if anything, changed as a result of Pulse?

Orlando Mayor Buddy Dyer hands then-President Obama an #OrlandoUnited t-shirt on the tarmac at Orlando International Airport in Orlando, Fla., on June 16, 2016. (Washington Blade photo by Michael K. Lavers)

NAFF: In the immediate aftermath of the attack, queer spaces began rethinking their approach to security, which has served us well in the years since. Sadly, just a year later, Pulse was bumped to the No. 2 deadliest mass shooting in U.S. history when a gunman opened fire on the Route 91 Harvest music festival in Las Vegas, killing 60 people. Americans and their politicians never learn from these largely preventable tragedies. The carnage continues. 

LAVERS: Gun violence remains a shameful scourge in this country. Our community remains vulnerable to violence and discrimination. President Donald Trump, Vice President JD Vance, and other politicians here in Washington, around the country, and overseas continue to use our community to advance an anti-equality agenda. The carnage continues, as my colleague correctly notes, but our community remains strong and defiant. That gives me hope.

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Queen Jean is Tony’s first transgender winner

Designer/activist wins for work on ‘Cats: The Jellicle Ball’

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Queen Jean (Screen capture via vulture/YouTube)

It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.

“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”

She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”

In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.

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Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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