(Photo courtesy Washington Blade)
Washington, D.C. | Local LGBTQ activists are considering staging a kissing protest outside the Dupont Circle Shake Shack restaurant following the report that as many as four or five Shake Shack employees assaulted a gay man at the restaurant on Aug. 17 after he and his male partner kissed each other while waiting for their food order.
D.C. police and the Office of the U.S. Attorney say they are continuing to investigate the incident as a suspected hate crime, but they have declined to say when or if they plan to make one or more arrests for an assault captured on video and witnessed by at least several Shake Shack customers.
Joey Minervini, one of the activists planning a possible protest, told the Washington Blade he staged his own one-person protest on Aug. 20 by drawing with chalk several “KISS HERE” kissing stations on the sidewalk outside the Shake Shack restaurant along with chalk drawn rainbow flags.
He said he made the chalk drawings at about 4 a.m. and learned that they were washed away prior to Shake Shack’s opening at 10 a.m. He provided the Blade with a video he took of the chalk drawings.
D.C. resident Christian Dingus, 28, told the Blade the attack against him came after he tried to defuse an argument between his partner and one of the Shake Shack employees who told the two men not to kiss each other. Dingus said it started inside the Shake Shack and moved out a side door where several employees knocked him down onto the sidewalk and repeatedly punched him.
The incident was captured on video taken by another Shake Shack customer on their cell phone, which has been posted on social media. Although the faces of the attackers and of Dingus and his partner cannot be clearly seen in the video, it provides a dramatic view of a man being attacked and assaulted by several male employees dressed in Shake Shack uniforms.
A D.C. police report says one of the alleged attackers identified only as Suspect 1 told police that Dingus, who is identified in the report as Victim 1, “placed his hands” on the suspect’s neck. “Suspect 1 advised that he was defending himself,” the report says.
Dingus called that claim a complete falsehood, saying he never touched any of the employees who attacked him. He told the Blade he raised his arm and pointed at the employees who were confronting his partner, calling on them to “leave him alone.”
In response to a request by the Blade for comment, Shake Shack released a statement saying the company was cooperating with the police investigation and it has “suspended the team members involved pending further review.” The statement did not say how many employees were suspended but added that the company has “a zero-tolerance policy for any form of violence.”
Minervini said he contacted D.C.’s Capital Pride Alliance, the group that organizes most of D.C. LGBTQ Pride events, to join him in organizing his proposed “kissing” protest at Shake Shack. He said he agreed to Capital Pride’s suggestion to hold off on setting a date for the protest, which Minervini initially set for Sept. 7, until more information could be learned about the details of the incident.
Capital Pride Alliance President Ashley Smith told the Blade he and other Capital Pride officials want to obtain more information about the incident, including a confirmation that it was in fact a hate crime before going forward with a protest.
“It has been brought to our attention that there may have been more to the issue than what is being broadcast on the news,” Smith said. “So, we’re just trying to get to the bottom of it and get the facts.”
Minervini said someone from Capital Pride Alliance told him at least one source familiar with the incident said it may have started as a “lover’s quarrel” between Dingus and his partner that drew the attention of the Shake Shack staff. Dingus has said he and his partner stood up for each other in response to the directive by the Shake Shack employee not to kiss each other.
“I’ve been very direct with the individuals that I’ve been in communication with about whether it was a hate crime or not,” Smith said. “And if it was, if it’s being deemed as a hate crime, that’s one reaction. If it’s not being deemed as a hate crime and it’s something else, that is a totally different situation,” he said.
Smith noted that the police report lists the incident only as a suspected hate crime, and he would like more information from the police before Capital Pride Alliance moves forward with a protest. Minervini said he agrees with that assessment.
According to Minervini, the protest he and other activists were considering would be called C.H.A.L.K , which stands for “Can Have An LGBTQ+ Kiss.” He said he had planned to have a DJ play music, including the song “Kiss” by the late singer-songwriter Prince, at which time the protesters would begin kissing.
“It will have drag and it will have kissing sessions with consent,” he said. “And whenever Prince’s ‘Kiss’ song comes on that’s going to be the signal when everybody kisses and demonstrates that you can kiss publicly,” Minervini said.
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