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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots

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New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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FBI joins investigation into murder of LGBTQ Atlantan

Atlanta Police continue to search for the suspect in the deadly stabbing of a woman asking that anyone with information to please come forward

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Katie Janness and her dog Bowie via Facebook

ATLANTA – The Atlanta Police Department’s murder investigation into this past Wednesday’s stabbing death of 40-year-old Katie Janness and her dog in Piedmont Park, located about 1 mile northeast of downtown between the Midtown and Virginia Highland neighborhoods, has been joined by the Federal Bureau of Investigation, (FBI).

WXIA 11 Alive news reported that the FBI is assisting the Atlanta Police Department, (APD) however a spokesperson for the APD told WXIA the department wouldn’t provide any specifics about the FBI’s involvement with the investigation, nor did the Atlanta Field Office of the FBI comment. 

The Georgia Voice, the local LGBTQ newspaper, reported that Janness, a member of Atlanta’s LGBTQ community and a bartender at the LGBTQ-owned Campagnolo, was found stabbed to death in the park on Wednesday (July 28) after walking her dog Bowie, who was also killed.

Janness was found by her partner of six years, Emma Clark, after Clark tracked her with her phone’s GPS.

“Today, I lost the love of my life and baby boy,” Clark said in a post shared to a GoFundMe page. “It was tragic. She was the most intelligent, kind, humble, and beautiful person I have ever known. I wanted to spend every second with her. [Bowie] was the sweetest, most loyal companion. My heart is so very broken, my world will never be the same.”

A vigil was held for Janness on Thursday evening at Piedmont Park.

Atlanta Police continue to search for the suspect in a deadly stabbing of a woman in Piedmont Park

The Atlanta Journal-Constitution reported that Janness’ murder is believed to be the first homicide inside the park in 12 years and according to family members of Janness’ longtime girlfriend, a security camera at an intersection near the park’s entrance captured the last known picture of Katherine Janness and her dog before the two were killed.

But other cameras in the area weren’t working, including one facing the entrance. As of Friday the AJC also reported, as of Friday afternoon, Atlanta police had released few details about the murder investigation that has left city residents and parkgoers on edge.

Atlanta Police are asking that anyone with information to please come forward, and tipsters can remain anonymous by contacting Crime Stoppers Atlanta at 404-577-8477, texting information to 274637 or visiting the Crime Stoppers website.

APD detectives are also asking those who live in this area to review footage from their security cameras and contact the police if they find anything that may be pertinent to this investigation. The timeframe for review should be between 10:30 p.m. on Tuesday to 1:30 a.m. on Wednesday.

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The CDC’s eviction moratorium ending at midnight Saturday stoking fears

CDC’s eviction ban expires at midnight tonight, millions of primarily lower income Americans are facing losing their homes

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Graphic via NBC News YouTube Channel

LOS ANGELES – As the U.S. Centers for Disease Control and Prevention, (CDC) eviction ban expires at midnight tonight, millions of primarily lower income Americans are facing losing their homes. Hopes of a federal extension approved by Congress failed this week and now lawmakers are on a six-week recess.

On Thursday, President Joe Biden announced that he would let the current CDC eviction moratorium expire instead of challenging the June U.S. Supreme Court ruling that extended the deadline to tonight. The high court ruled to extend moratoriums to the end of July but made it clear it would block any further extensions unless there was specific congressional authorization.

A White House official said that President Biden would have liked to extend the federal eviction moratorium because of the spread of the delta variant of the coronavirus which is highly contagious. However, the official conceded there were also concerns that challenging the high court may lead to a ruling that potentially could restrict the Biden administration’s ability to take unilateral actions in future public health crises.

On Friday, Missouri Democratic Representative Cori Bush angrily denounced House colleagues for adjourning for the August recess without passing an extension of the CDC eviction moratorium.

“The House is at recess. People are on vacations. How are we on vacation when we have millions of people who could start to be evicted tonight?” Bush told CNN’s Jessica Dean. “There are people already receiving and have received pay or vacate notices that will have them out on tomorrow. People are already in a position where they need help, our most vulnerable, our most marginalized, those who are in need,” she said, adding, “How can we go vacation? No, we need to come back here.”

The CDC’s eviction ban was intended to prevent further spread of the coronavirus by people put out on the streets and into shelters. Congress had approved nearly $47 billion in federal housing aid to the states during the pandemic, but that funding has been slow to make it into the hands of renters and landlords owed payments. According to persons knowledgeable of the assistance system structure, one of the reasons for the delays are over complicated administrative requirements for renters seeking help.

The President had pleaded with local governments to “take all possible steps” to immediately disburse the funds. “There can be no excuse for any state or locality not accelerating funds to landlords and tenants that have been hurt during this pandemic,” he said in a statement released late Friday.

While the Senate was in a rare Saturday work session on the president’s infrastructure package during a floor speech Democratic Massachusetts Senator Elizabeth Warren stated, “We are only hours away from a fully preventable housing crisis. We have the tools, and we have the funding. What we need is the time.”

The President’s apparent action angered many lawmakers in his own party on Capitol Hill some who expressed anger furious that he expected Congress to provide a last-minute solution to protect renters that they were unable to deliver.

Representative Maxine Waters, (D-Calif.), Chair of the House Financial Services Committee, said Saturday on CNN: “We thought that the White House was in charge.” Waters quickly produced a draft of a bill that would require the CDC to continue the ban through Dec. 31. At a hastily arranged hearing Friday morning to consider the bill she urged her colleagues to act, Stars and Stripes reported.

House Speaker Nancy Pelosi implored colleagues to pass Waters’ bill extending the deadline, calling it a “moral imperative,” to protect renters and also the landlords who are owed compensation. Landlords are opposed to extending the CDC’s eviction moratorium and are also urging local and state governments to speed up disbursement of the funding designed to hep renters from losing their homes and landlords to meet their obligations.

When House Democrats failed to garner support for Waters’ legislative efforts, they then tried to simply approve an extension by consent, without a formal vote, but House Republicans objected.

According to the Department of Housing and Urban Development, as of March of this year, 6.4 million American households were behind on their rent and as of July 5, the Census Bureau’s Household Pulse Survey showed that in the next two months approximately 3.6 million Americans will face immediate eviction proceedings.

The Associated Press reported Saturday that some places are likely to see spikes in evictions starting Monday, while other jurisdictions will see an increase in court filings that will lead to evictions over several months.

The Biden administration is trying to keep renters in place through other means. It released more than $1.5 billion in rental assistance in June, which helped nearly 300,000 households.

The departments of Housing and Urban Development, Agriculture and Veterans Affairs extended their foreclosure-related eviction moratoriums through the end of September on households living in federally insured, single-family homes late Friday, after the president had asked them to do so.

In Los Angeles, the threat of a spate of evictions will greatly exacerbate the greater LA region’s homelessness crisis. This past week in a 13-2 vote Wednesday, the Los Angeles City Council voted to stop people from camping in public spaces including the areas around parks, schools, homeless shelters, bridges and overpasses, and other similar structures.

A spokesperson for Los Angeles Mayor Eric Garcetti said that he will sign the ordinance.  Once signed, the measure will go into effect 30 days later.  Opponents of this ordinance are decrying it as another effort to criminalise the homeless population.

Homeless and civil rights activist Eddie Cruz told KTLA, “this ordinance is targeting a specific group of people in the unhoused community. We believe that this is an irresponsible attack from the City Council and an irresponsible way to deal with the homelessness crisis that is occurring in Los Angeles,” Cruz said.

In a new poll released last week conducted by Inside California Politics and Emerson College of more than 1,000 registered voters, half rated Governor Gavin Newsom’s response to the homelessness crisis in California as ‘poor.’

Newsom’s low marks comes after he signed the largest funding and reform package for housing and homelessness in California history as part of the $100 billion California Comeback Plan. The package includes $10.3 billion for affordable housing and $12 billion over two years towards tackling the homelessness crisis including $5.8 billion to add 42,000 new housing units through the states’ Project Homekey .

Another $3 billion of this investment is dedicated to housing for people with the most acute behavioral and physical health needs.

However, say activists, there is no sense of urgency in assisting people navigate through what most people see as an overly complicated application process matched with tens of thousands who will be immediately impacted and without a time cushion to work through the assistance process once the moratorium is lifted.

Eviction Moratorium Ending

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Disney to require COVID-19 vaccinations for employees

We are requiring that all salaried and non-union hourly employees in the U.S. working at any of our sites be fully vaccinated

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Graphic courtesy of The Walt Disney Company

BURBANK – The Walt Disney Company sent a company-wide message to employees based in the United States that they must soon be fully vaccinated to come into the workplace. With Friday’s announcement Disney joined a growing number of American companies requiring a COVID-19 vaccination.

Disney said it will give all salaried and non-union hourly employees both vaccinated and unvaccinated who are on-site 60 days to provide verification of vaccination.

The company is having conversations around this topic with the unions representing their employees under collective bargaining agreements.

According to a company spokesperson, “This decision was based on the recommendations of scientists, health officials and medical professionals that vaccinations provide the best protection again COVID-19.”

“At The Walt Disney Co., the safety and well-being of our employees during the pandemic has been and continues to be a top priority,” according to a statement from Disney. “Toward that end, and based on the latest recommendations of scientists, health officials and our own medical professionals that the COVID-19 vaccine provides the best protection against severe infection, we are requiring that all salaried and non-union hourly employees in the U.S. working at any of our sites be fully vaccinated.

“Employees who aren’t already vaccinated and are working on-site will have 60 days from today (Friday) to complete their protocols and any employees still working from home will need to provide verification of vaccination prior to their return, with certain limited exceptions.”

The company also said all new hires would be required to be fully vaccinated before their employment begins.

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