Jul 11, 2008   | COMMENTS     

A gay man’s case against the Democratic National Committee moved toward trial last week when the organization’s appeal for summary judgment was rejected.

D.C. Superior Court Judge Jeanette Clark said July 2 that “genuine issues of material fact” are in dispute, and the case brought by the former DNC employee should go forward. Mediation is slated to begin later this month.

Summary judgments, often requested by defendants, are only granted when a judge deems the allegations baseless or when there are no disputed facts. By rejecting the request, Clark does not take sides.

She also noted in her orders that DNC Chair Howard Dean would remain among the case’s defendants despite his separate request for summary judgment.

Brought by Donald Hitchcock, the DNC’s former head of gay outreach, the longstanding case accuses the organization of discrimination and retaliation.

Hitchcock, who became director of the DNC’s Gay & Lesbian Leadership Council in June 2005, was fired in May 2006 after his domestic partner sent an open letter to gay Democrats criticizing Dean and suggesting that gays should temporarily withhold donations to the Democratic Party.

Paul Yandura, the letter’s author, has said Hitchcock’s firing was “retaliation, plain and simple.”

Eleven months after he was fired, Hitchcock filed a lawsuit alleging the DNC discriminated against him during his time on staff. The lawsuit also alleges Hitchcock was the target of retaliation and defamation.

DNC attorneys have argued the allegations have no merit. And Dean has said he authorized the firing because Hitchcock did not effectively rally gays to support the Democratic Party.

“I don’t know what Donald was doing,” Dean said during a deposition earlier this year. “I know what he wasn’t doing. He wasn’t getting us the support in the gay community.”

Damien LaVera, a DNC spokes-person, declined to comment for this article.

The lawsuit names as defendants the DNC; Dean; Andy Tobias, the DNC’s treasurer and its highest ranking gay official; and Julie Tagen, the DNC’s deputy finance director.

Claire Lucas, a lesbian and longtime Democratic Party fundraiser, is a witness in the case.

Hitchcock’s attorney, Lynne Bernabei, said she’s hopeful the case can yet be resolved through mediation.

“I’m always hopeful about mediation,” she said. “What I’m hopeful about — and there’s a reason to be hopeful — is that now the DNC and Howard Dean have a more realistic view of the merits of the case.”

Mediation is scheduled to begin July 31. According to court procedure, each party must prepare a settlement proposal before starting mediation. The proposals, which remain confidential, are not binding.

All parties and counsel then meet with an independent mediator. Through a series of meetings, the mediator attempts to facilitate an agreement that satisfies all parties.

If the case settles, a copy of the settlement is filed. If the case does not settle, the case manager sets a pretrial conference.

Bernabei said although mediation was previously attempted, the DNC, Dean and other defendants might now “rethink their position.”

“I think part of the problem up until now is the DNC has been so entrenched in its obviously unjustified position that there are no merits to the case just because the DNC hired another gay man, Brian Bond, to replace Donald, there’s no discrimination,” she said. “So that’s why they always said they had no interest in mediation.”

If the case proceeds to trial, jurors could be asked to consider a number of questions.

Clark wrote that issues for consideration include whether the DNC discriminated against Hitchcock “based on his sexual orientation by terminating his position,” whether the DNC committed “associational discrimination” against Hitchcock by terminating his position “based on the conduct on his partner,” and whether the DNC retaliated against Hitchcock “based on his advocacy” for gays.

Also for consideration, she noted, is whether Dean publicly defamed Hitchcock; and whether the DNC chair participated “in a scheme to discriminate and retaliate” against Hitchcock.

Bernabei said a trial could occur sometime later this year or early next year.

“The scheduling is a little bit dependent on the judge,” she said. “I don’t think it’s going to be before six months, but you never know. It could be before that.”