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Kamala Harris emerges as LGBT favorite for 2020 — there’s just one thing

Kamala Harris’ record contains one item that may surprise many of her LGBT supporters

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U.S. Sen. Kamala Harris (D-Calif.) sought to block gender reassignment surgery for trans inmates on behalf of California. (Washington Blade file photo by Michael Key)

Sen. Kamala Harris (D-Calif.) was likely chosen as a featured speaker at Saturday’s Human Rights Campaign National Dinner because she’s quickly becoming a favorite in the LGBT community among potential 2020 Democratic presidential contenders.

To recognize her popularity among LGBT people, just find the animated picture of Harris making the rounds on Facebook at the Senate dais brushing her hair back, clasping her hands and blinking her eyes wearily as she’s cut off during a Senate Intelligence Committee hearing. Also check out the widely shared video of her exchange with U.S. Attorney General Jeff Sessions about his Russian connections, which left the Trump official muttering he felt “nervous” under questioning from the U.S. Senate’s only black female senator.

But a look at her LGBT record reveals one wrinkle on transgender rights that may surprise her followers and that has disappointed some trans people.

To be sure, Harris has a staunchly pro-LGBT record. As California attorney general, she declined to defend California’s ban on same-sex marriage Proposition 8 in court. When the U.S. Supreme Court restored marriage equality to California, she officiated at the wedding of Kris Perry and Sandy Stier, the first same-sex wedding after the ruling, and instructed clerks to marry same-sex couples seeking a license with “no exceptions.”

Also as attorney general, Harris in 2015 refused to certify a “Kill the Gays” ballot initiative proposed in California that would have (unconstitutionally) instituted the death penalty for homosexual acts. Despite a legal challenge, a federal judge agreed to relieve her of duty to prepare a title and summary for the measure before it advanced to the signature-gathering stage.

Harris also co-sponsored a bill in the California Legislature with former Assembly member Susan Bonilla to eliminate the “gay panic” defense in cases of murder or violent crime against LGBT people. Gov. Jerry Brown signed the legislation in 2014, making California, along with Illinois, one of two states in the country to ban the plea.

Upon beginning her term as a U.S. senator this year, Harris continued to advocate for LGBT rights. A co-sponsor of the Equality Act, Harris also demanded answers from the Trump administration on the decision to omit questions in the U.S. Census allowing responders to identify their sexual orientation or gender identity. The Trump administration never provided a direct response.

Harris has signed friend-of-the-court briefs arguing transgender people should be allowed to use the public restroom consistent with their gender identity. As California attorney general, she filed briefs in favor of Obama administration guidance supporting transgender students and against North Carolina’s notoriously anti-LGBT House Bill 2. As a U.S. senator, she signed a brief before the U.S. Supreme Court in favor of transgender student Gavin Grimm’s case.

Rick Zbur, executive director of Equality California, said Harris’ record on LGBT rights in her capacities as attorney general and a U.S. senator are nothing short of “impeccable.”

“We’ve known her since she was the DA in San Francisco, and then of course, when she as attorney general was more engaged than any attorney general has been with us in the LGBTQ community,” Zbur said. “[She] really engaged with us and has a really strong commitment and understanding of our issues.”

On transgender issues in particular, Zbur noted Harris as attorney general appointed last year a transgender woman of color, Mariana Marroquin, to the California Racial & Identity Profiling Advisory Board.

Harris will likely tout her record on LGBT rights during her remarks at the 21st annual Human Rights Campaign National Dinner.

But one part of her record she might avoid is her role as California attorney general in 2015 in arguing on behalf of the state to withhold gender reassignment surgery from two transgender inmates who were prescribed the procedure while serving out their sentences. Advocates have made the case that transgender inmates are entitled to receive the taxpayer-funded procedure because denying them medical treatment amounts to cruel and unusual punishment — a clear violation of the Eighth Amendment of the U.S. Constitution.

One case involved Shiloh Quine, who’s serving a term of life for first-degree murder, kidnapping and robbery. The other case involved Michelle-Lael Norsworthy, who was serving time in prison in Mule Creek State Prison in Ione, Calif., for second-degree murder. Both were prescribed gender reassignment surgery, but the California Department of Corrections & Rehabilitation refused to provide the procedure.

The process of the Norsworthy case was quite public as it proceeded through litigation. Although U.S. District Judge Jon Tigar ordered California to grant Norsworthy gender reassignment surgery, Harris in her capacity as attorney general appealed the decision to the U.S. Ninth Circuit Court of Appeals and fought to reverse the decision.

One 29-page brief in the case, signed by Harris, urges a stay on the court order for Norsworthy because the hormone treatment the inmate receives is sufficient — at least for the time being.

“The core of Ms. Norsworthy’s complaint is that Defendants have not provided the particular treatment she wants sex-reassignment surgery and unspecified ‘additional treatment,'” Harris writes. “But the Constitution ‘does not guarantee to a prisoner the treatment of his choice.’ The Eighth Amendment requires that an inmate be afforded ‘reasonable measures to meet a substantial risk of serious harm to her,’ not that she be given the specific care she demands. The ‘essential test is one of medical necessity and not one simply of desirability.'”

Ultimately, both the Norsworthy and Quine cases resulted in settlements. Norsworthy reached an agreement with the state in which she obtained parole. As a result, she was able to obtain surgery through Medi-Cal, a state health care system in California. In the Quine case, the state agreed to grant her gender reassignment surgery as well as clothing and items consistent with her gender identity. The California Department of Corrections & Rehabilitation also agreed to review and revise its policies writ large for transgender inmates and medical treatment, including gender reassignment surgery.

But Harris’ actions in the Norsworthy case have inspired consternation in the transgender community and on Twitter, including from Chelsea Manning, who fought to receive gender reassignment surgery though litigation during her time in prison after the Army initially denied it to her. (A Washington Blade article on Harris’ brief against the court order is among the paper’s top 10 trafficked stories this year — the only story not from 2017 to hold that distinction.)

Zbur said criticism of Harris’ role in the litigation, however, is “really misplaced” because as attorney general she was compelled to represent the position of her client, which in this case was the California Department of Corrections & Rehabilitation.

“As a lawyer for the government, she was constrained in what she could publicly say and do and her client was making decisions, but with us she really working hard to understand the issue, providing information, and I think she was a big part of the resolution, which resulted in the really significant policy changes that were implemented by the Department of Corrections when she was attorney general,” Zbur said.

But the argument Harris was compelled to fight the court order granting gender reassignment surgery to an inmate because that was her responsibility as attorney general raises the question on how she got out of similar duties in an effort to uphold LGBT rights. If Harris could get out of defending Proposition 8 or certifying the “Kill the Gays” initiative, why couldn’t she also opt out of litigation seeking to bar transition-related care to a transgender inmate?

Zbur said the difference between the transgender inmate litigation and the other two situations was that in the former, Harris had a specific client, namely, the California Department of Corrections & Rehabilitation.

“When you have a client, you basically have ethical duties to represent the client’s interest,” Zbur said. “You take direction from the client. And so, she did really have constraints in terms of what she could do, but I think the bottom line is that during that period of time, she was working hand-in-hand with us on a process that resulted in changing the policies at the Department of Corrections, and that’s a really significant thing.”

At the time Harris engaged in the litigation in 2015, Jon Davidson, legal director for Lambda Legal, said the attorney general’s actions were her own choice.

“Even where the decision is made to defend an unconstitutional practice, there’s nothing that dictates the tactics of that defense, particularly once a court has found there are likely ongoing constitutional violations,” Davidson said. “The choice to appeal a preliminary court order and to seek to delay its implementation is just that — a choice. It’s also a very unfortunate one, given that what is at stake here is potentially life-saving treatment that is widely recognized as medically necessary for some people suffering from gender dysphoria.”

It seems the cases weren’t on Harris’ radar, even though her name is on each of the legal briefs, until much later in the process of litigation.

Nathan Barankin, who’s chief of staff for Harris and served as her deputy attorney general, said around 1,100 attorneys are working on cases like these and Harris wasn’t personally aware or involved in the litigation until a later time.

“She did learn about our office’s involvement in this case by reading about it in the newspaper,” Barankin said. “Her reaction to the way the case was being litigated was to work very closely with all of the parties involved to reach what we consider a successful conclusion, which was a permanent change in state prison policy on the treatment of transgender inmates.”

Two years later after the settlements were reached, Lambda Legal struck a different tone on Harris’ handling of the lawsuit.

Peter Renn, a senior attorney in the Western Regional Office of Lambda Legal who works on transgender cases, said the situation changed in the lawsuits as Harris became more involved in the litigation.

“The California AG’s office shifted its handling of these cases significantly after now-Sen. Harris took over,” Renn said. “Initially there was language in briefing for the state that glaringly misunderstood the medical necessity of transition-related medical care and was patently offensive. But then, there was a dramatic change, which seems to have gone along with important policy shifts.”

Supporters of Harris point to the settlements that were reached in the cases as evidence that her role was productive for transgender rights. After all, those agreements created precedent in the state and new policy ensuring transgender people in California prisons can receive gender reassignment surgery.

But not everyone agrees with that assessment.

Amanda Goad, a California attorney who works on transgender issues and identifies as queer, said in a personal capacity calling the settlements in the Quine case an LGBT rights achievement for Harris “does not make sense.”

“Her client CDCR could have updated its policies and made gender-confirming surgery available to incarcerated folks long before it did so under the pressure of a trial court loss in the Quine case,” Goad said. “Harris has done other things that do seem to me to belong under the banner of LGBTQ champion. … Settling a lawsuit that the state was losing — and never should have defended in the first place — just doesn’t fit the bill.”

In her capacity as staff attorney for the American Civil Liberties Union of Southern California, Goad said the policy changes the California Department of Corrections & Rehabilitation promised aren’t being implemented.

“Recent data shows that of the many prisoners who have applied to undergo gender-confirming surgery under the new policy, zero trans women beyond Shiloh Quine herself have actually undergone surgery. (Two men have undergone top surgery.),” Goad said. “Dozens have been denied, and I get letters every week from women extremely upset about their inability to access surgical care.”

Goad also complained about the state continuing to fight transgender prisoners’ access to clothing consistent with their gender identity as well as harassment, sexual assaults and violence endured by transgender women in prison.

That mistreatment, Goad said, is something Harris could address through encouraging enforcement of the Prison Rape Elimination Act and other actions.

“She has a great platform from which to speak out about the broader issues of violence, discrimination, and harassment endured by transgender women of color both inside and outside prison and propose constructive approaches for addressing those problems and their structural causes,” Goad said.

Major transgender rights advocates said the inclusion in Harris’ LGBT record of seeking to deny gender reassignment surgery to transgender inmates was unfortunate — but also urged LGBT people to look at the bigger picture.

Jillian Weiss, executive director of the Transgender Legal Defense & Education Fund, said Harris’ defense of the state in the litigation contrasts with her otherwise pro-LGBT record.

“Sen. Harris has a positive record as a champion of gay and lesbian rights, and that is commendable,” Weiss said. “It is unfortunate that her record also includes having argued that gender confirmation surgery was not a medical necessity for a transgender woman despite a psychological assessment to the contrary. While some public sentiment leans against providing necessary medical services for transgender people who are incarcerated, our Constitution recognizes that denying such vital health care is cruel and unusual punishment. It is our hope that Sen. Harris will learn more about transgender medicine and its importance to trans people.”

(Harris isn’t the only potential 2020 Democratic presidential candidate with an unfriendly record on gender reassignment surgery for transgender inmates. In a 2012 radio interview, then-U.S. Senate candidate Elizabeth Warren said when asked about granting the procedure to an inmate in Massachusetts, “I have to say, I don’t think it’s a good use of taxpayer dollars.” Warren has never corrected that position even as litigation seeking the procedure for the inmate, Michelle Kosilek, proceeded through the courts. Ultimately, the First Circuit ruled against Kosilek, setting binding precedent in that jurisdiction.)

Mara Keisling, executive director of the National Center for Transgender Equality, took an even more lenient approach to Harris’ action on the lawsuit and said her organization would work with her on issues of transition-related care for transgender prisoners.

“Sen. Harris has long been a friend of LGBT people and our causes,” Keisling said. “Notwithstanding her one-time defense of an indefensible and unconstitutional state prison position on trans healthcare, she is now a senator and is very likely to continue being a vote and voice for trans people in the U.S. Senate. She has shown this recently in support of Gavin Grimm and trans service members. I am certain when I first meet her, we will discuss her position in the prison case, and she will continue to grow and continue to support us better and better.”

 

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California Politics

LA Mayoral race tight- Luna maintains lead over Sheriff Villanueva

In the race to replace Eric Garcetti as Mayor, Rep. Karen Bass is leading billionaire businessman Rick Caruso – 34% to 31% among all voters

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Photo Credit: County of Los Angeles

LOS ANGELES – New polling released Monday showed that in the race to replace Eric Garcetti as Mayor of Los Angeles, Rep. Karen Bass is leading billionaire businessman Rick Caruso – 34% to 31% among all voters.

In the new UC Berkeley Institute of Governmental Studies survey, Caruso is now just 3 points behind — which is within the poll’s margin of error. In August, Caruso trailed by 12 points although the poll found that among likely voters, Bass still leads by 15 points – 46% to 31%.

In the race for Los Angeles County sheriff, the Los Angeles Times reported Monday that retired Long Beach Police Chief Robert Luna has a formidable, 10-point lead among likely voters over the incumbent, Alex Villanueva, a new UC Berkeley Institute of Governmental Studies/Los Angeles Times poll showed.

With little more than a month until the Nov. 8 runoff election, 36% of likely voters polled said they are planning to cast ballots for Luna, while 26% said they favor Villanueva.

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California Politics

Race to the Midterms: Victory Fund touts 450+ candidates

“The Victory Fund’s nonpartisan – So we don’t talk about ‘holding the House’ so much as ‘keeping the forces who want to harm us at bay'”

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Los Angeles Blade graphic

By Karen Ocamb | WEST HOLLYWOOD – With just six weeks until the Nov. 8 midterm elections, Democrats are furiously working to stop MAGA Republicans from hanging democracy with the noose they propped up for then-Vice President Mike Pence on January 6.

The possibility of GOP Minority Leader Kevin McCarthy winning the five seats necessary to take back the House and gavel from Speaker Nancy Pelosi and Republican Senate Minority Leader Mitch McConnell having power to shape the judiciary with prompting from The Federalist Society — LGBTQ people, people of color and women could be in for decades of rule by straight white supremacist Trump cultists.

The overturning of Roe v Wade, taking away the right to bodily autonomy, is just the beginning of the unraveling of individual privacy protections, the dismantling of equal justice under law and the murder of democracy by MAGA ideologues with the power to invalidate votes. 

But all is not lost just yet. Power is still in the hands of voters who prize real patriotism over fantasies about Trump’s Big Lie. And a lot of those patriots are LGBTQ candidates running for elected office across the nation.   

In this special episode of Race to the Midterms, we talk with former Houston Mayor Annise Parker, now President and CEO of the LGBTQ Victory Fund and the Victory Institute. The Victory Fund has now endorsed and promoted more than 450 out candidates seeking congressional seats and down-ballot state and local seats. Victory is also on the ground campaigning and getting out the vote in states such Texas, Florida, North Carolina, Minnesota, Kentucky, New York, Rhode Island, Pennsylvania, Vermont, and Connecticut. 

Annise Parker (Screenshot/YouTube)

The Victory Fund, founded in 1991, endorsed two people that year Sherry Harris for Seattle City Council candidate in Seattle and Los Angeles-based attorney Bob Burke, who was running for the California State Assembly. “This year we have more than 450 candidates so you can see the tremendous growth,” Parker says. 

Victory was able to identify more than 1100 out LGBT candidates but they also have a strict viability standard. “We are trying to push the envelope. And amazingly, our candidates are 30% more diverse than the general candidate pool. If you go to VictoryInstitute.org, you can look at our some of our research” showing demographics of all of the candidates in United States and then the LGBT candidates.

Victory’s Spotlight candidates, in particular, illustrate the essential intersectionality of LGBTQ candidates. “We are part of every community and we understand that,” says Parker. “But what is also happening is that more and more candidates of color from across the political spectrum are bringing their full selves to their races. I’m not going to say that it’s helpful to be openly LGBT. But I’m going to be really clear — it’s not a negative. 

“Our candidates win at the same rate that any other candidates win,” Parker continues. “When you control for your experience and the demographics of the district and the quality of the campaign, which is a really good sign. , and the fact that more and more people are acknowledging their gender identity or their sexual orientation — for us, having been in this game for so many decades with a singular purpose, whether someone is successful, I mean, we do want to see candidates win, but whether they ultimately are successful at the ballot box — when they run as their authentic selves, they’re true to themselves, they’re comfortable in their own skin, it has a transformative effect. And we’re excited about the possibilities this year.”

While Victory has endorsed numerous congressional candidates, our strength as an organization is really down ballot from there. No other national organization does down ballot races,” Parker says. State house races are really, really important because “the really stupid stuff starts in the state house and the really bad anti-LGBTQ stuff starts in the state houses and it can metastasize. In fact, there are organizations that stamp out some of these really ugly bills like cookie cutter, stamping them out and sharing them with right wing legislators, cross country so we really work hard at that level.”

And there have been victories, including helping three Black LGBT leaders win their primaries. “They will be the first Black members of the Texas legislature,” says the woman who became the first out lesbian mayor of a major city, identifying former Houston City Council member Jolanda Jones in Houston, longtime HIV and Dallas community activist Venton Jones, and in Beaumont, Christian Manuel Hayes.  

Parker also notes that the Victory Fund is a nonpartisan organization and we do support Democrats — and Republicans. So we don’t talk about ‘holding the House’ so much as ‘keeping the forces who want to harm us at bay.’ Parker mentions Sharice Davids as “not only a great example of an amazing member of Congress, but as an intersectional person — as an Indigenous woman, a Native American woman. This is her third run. She was elected twice, but redistricting was not good to her district — it was just eviscerated in Kansas. This is a tough state. So, I’m a little worried about Sharice.”  

Redistricting and voter registration is also working against the congressional reelection campaigns of Angie Craig in Minnesota and Chris Pappas in New Hampshire. There are new candidates, too, such as Will Rollins running in Palm Springs against anti-gay Ken Calvert, “who is no friend of the community, voted to against the repeal of Don’t Ask, Don’t Tell, voted for the Defense of Marriage Act. They’re neck and neck out there. For most voters, congressional races all turn on these national issues — where people were on January 6th and the Big Lie about Trump and that he won the last election, that sort of thing. The down ballot races are run on local issues — and that’s why our candidates do so well.”

Another interesting congressional race is New York’s Third District in Long Island. Victory has endorsed Democrat Robert Zimmerman. But his Republican opponent, George Santos, is also openly gay. “They both have deep ties to the district. No carpetbaggers. They’re credible candidates. And they raise good money. They have their party’s nomination,” says Parker. “Unfortunately, from our viewpoint, Santos was on the mall on January 6 and was part of the Big Lie trying to overturn the election, which made him not suitable for our endorsement.”

Parker also highlighted three governors’ races: Colorado Gov. Jared Polis is running for reelection “and should be OK. But we could take Massachusetts with Maura Healey and we can take Oregon with Tina Kotek. Maura is doing really well. Tina Kotek is in a three-way race. The interesting thing there is all three are women: a Republican and Democrat and independent. Tina Kotek is the Democrat. Any one of them could win.”

Annise Parker closed out the interview talking about her intersectional family — she’s been with her wife Kathy Hubbard for 31 years and they have a Black son Jovan and two bi-racial/Black daughters and a third daughter who is Anglo Hispanic. 

Jovan, now 46, was a 16-year-old gay street kid when 17-year old Treyvon Martin was murdered. “He was on and off the streets of Houston and he was being raised by his grandparents and they just — they kept trying to force the gay out and he’d run away or they’d throw him out and back and forth,” Parker says. “And then we finally said ‘Enough with that’ and invited him into our family.” 

Parker had her own motherly response when Treyvon Martin was killed and President Obama said that if he had a son, he would look like Treyvon. In fact, Obama said at the time in 2012, he looked like Treyvon growing up.

“When Obama said that I couldn’t help thinking my mother adored my son Jovan.  My mother at the time was living in Charleston, South Carolina,” she says. “Jovan was about 30 the first time he ever went to visit her on his own and drove over to Charleston. And I had to have this conversation with him before he went. It’s like, ‘she’s an older white woman living by herself. Don’t let her give you a key. Make sure you knock on the door. She opens the door. Anybody driving by can see that you’re going in. That she’s welcoming you in. Just be really, really careful.’

“And I shouldn’t have had to have that conversation,” Parker says. “Nobody should have to have that conversation. But that’s the reality of the world we live in still.”

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California Politics

Race to the Midterms Preview: Victory Fund’s Annise Parker

MAGA GOP House Minority Leader Kevin McCarthy only needs five seats to take back the Speaker’s gavel from fellow Californian Nancy Pelosi

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Annise Parker (Screenshot/YouTube)

By Karen Ocamb | WEST HOLLYWOOD – The tension is nearly intolerable. Just six weeks until the Nov. 8 midterm elections and headaches abound. Will voters really stick to tradition and give Republicans, the party out of power, congressional gains over quixotic turns in the economy, despite the GOP promise to pass a federal ban on abortion? California’s MAGA Republican House Minority Leader Kevin McCarthy only needs five seats to take back the Speaker’s gavel from fellow Californian, Speaker Nancy Pelosi.   

And it’s not just the House. “Yes, Democrats’ fortunes have improved, but the most likely outcome of the midterm elections is still a shift in power to the Republicans — and bigger headaches for President Biden over the next two years,” Axios reported Saturday. “Despite the streak of discouraging news, Republicans still have a clear path to retaking the Senate majority. They only need to net one seat to win back the upper chamber, and there are plenty of paths to get there even if many of their recruits fizzle out.”

Why are our LGBTQ leaders not screaming from the rafters? Report after report after report warns that LGBTQ people are at risk of not only losing access to the fruits and freedoms of democracy — including the First Amendment right to free speech — but could be erased state by state by state by state without more than a flareup of protest.  

“On March 28, Gov. Ron DeSantis signed legislation that effectively bans discussion of sexual orientation and gender identity in Florida’s schools. The so-called ‘Don’t Say Gay’ bill creates new restrictions on classroom speech around LGBT people and same-sex families and empowers parents to sue a school if the policy is violated, chilling any talk of LGBT themes lest schools or teachers face potentially costly litigation,” the Williams Institute at UCLA School of Law recently reported. “This bill is the latest in a record-setting year of legislation targeting LGBT people: in 2022 alone, more than 200 anti-LGBT bills have been introduced in state legislatures across a range of issues, with a majority targeting transgender individuals,” despite a recent PRRI poll showing that 79 percent of Americans favor laws that protect LGBT people from discrimination. 

“LGBT rights are the canary in the coal mine of democratic backsliding,” the report continues. “Authoritarian leaders may target LGBT people precisely because their rights are seen as less institutionalized than other groups….Even Florida’s “Don’t Say Gay” bill was explicitly modeled after similar efforts in Hungary.  Against this backdrop, we should recognize the propagation of anti-LGBT laws in the U.S. for what it signifies: an existential threat to our inclusive democracy.”

One leader traveling around the country, raising the alarm and raising the stakes for the LGBTQ community facing the midterms is former Houston, Texas Mayor Annise Parker, now President and CEO of the LGBTQ Victory Fund and the Victory Institute. Founded in 1991 with two LGBTQ candidates, the Victory Fund has now endorsed and promoted more than 450 out candidates seeking election on Nov. 8 to not only congressional seats but down-ballot state and local seats, as well. Victory’s Political Team is also on the ground campaigning and getting out the vote in states such Texas, Florida, North Carolina, Minnesota, Kentucky, New York, Rhode Island, Pennsylvania, Vermont, and Connecticut. 

In the upcoming special episode of Race to the Midterms, produced by Karen Ocamb and Max Huskins in conjunction with the Los Angeles Blade, we talk to Annise Parker about the state of the nation and the Out candidates running to make America better.

“Our candidates win at the same rate that any other candidates win,” says Parker. “When you control for your experience and the demographics of the district and the quality of the campaign, which is a really good sign. , and the fact that more and more people are acknowledging their gender identity or their sexual orientation — for us, having been in this game for so many decades with a singular purpose, whether someone is successful, I mean, we do want to see candidates win, but whether they ultimately are successful at the ballot box — when they run as their authentic selves, they’re true to themselves, they’re comfortable in their own skin, it has a transformative effect. And we’re excited about the possibilities this year.”

Check LosAngelesBlade.com later today to see the full interview and clips of some of the candidates Parker highlights. 

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