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FOWLER REJECTS
PETITION
“1 don’t operate by petition”
was Atlanta City Council
Resident Wydie Fowler’s reply
to the gay community’s petition
for repeal of Atlanta’s idling and
loitering ordinance. Fowler
casually tossed the over 500
signature petition back to CRC
Commissioner Bill Smith as they
met to discuss theordinance.
Over 100 gay persons were
arrested during the summer of
1975 under Atlanta’s idling and
loitering ordinance. Many more
were harassed according to the
records of several gay
organizations and gay business
persons.
Several 'thousand people
have been arrested under the
ordinance according to Margie
Hames, a local attorney. Hames
recently accused Atlanta police of
using the law to harass accused
prosititutes and homosexuals
with felony charges and then
convincing the accused to plead
guilty to the misdeameanor
ch arge of idling and loitering.
According to attorney Hames
the person not only gets a police
record in the bargin but is subject
to police harassment if spotted
again in areas “Known” tb be
frequented by prosititutes and
homosexuals.
In September the Atlanta
Community Relations Com
mission urged that the city
council repeal the idling and
loitering ordinance. The CRC
Task Force report on the or
dinance concluded that the law
was “not in keeping with the
spirit ot the City ov Atlanta ana
does not appear in serve any
lawful purpose.”
Fowler contended that he has
received numerous comnlaints
from/businessmen and citizens
who have, been accosted by
homosexuals and prostitutes.
The public has a right to be
protected from unwanted ao
oostation on the street from
prostitutes and homosexuals
accordin g to Fowler.
“I have a responsibility to
the total city and the image of the
city. I wrote many of the idling
and loitering laws when I was on
the board of aldermen” stated
Fowler. Most of them were aimed
at the hippie problems of the
sixties and were eventually
declared unconstitutional.
Fowler recommended that
Commissioner Smith take his
suggestions to the members of
the police and judiciary com
mittee of the Atlanta City
Council, since as president of
council he could neither vote nor
introduce legislation.
When asked if he would
support a general city ordinance
on gay rights at this time Fowler
said. ‘‘I really haven’t thought
about the issue....occasionally I
do get an anonymous letter on the
subjbct.”
Fowler added that when
Atlanta Public Safety Com
missioner Eaves spoke of hiring
to get Sodomy Law
Challenge
ex-offenders his switch board was
jammed with calls from people
complaining about the hiring of
criminals.
He admitted though, on
further questioning, that few
calls were received objecting to
Eaves comments
homosexuals.
of hiring
(Ed’s Note:..A pre-publication copy;
of this article was sent to Atlanta City
Council President, Wyche Fowler. He'
characterized the article as unfair and
a misrepresentation of his views.)
In cooperation with NGTF
Board Member Dr. Frankljn
Kameny and the Virginia Civil
liberties Union, the National Gay*
Task Force has undertaken a
major federal court challenge of
restrictions pn consensual adult
sex. Thirteen states have passed
legislative refdrms striking
sodomy from their criminal
statutes, but similar laws still
exist in the remaining thirty
,seven states. The most effective
route to ending tnese laws lies in
federal court challenge.
To initiate a court challenge
to the laws, two Virginia men, one
of them a prominent member of
NGTF and a Virginia resident,
went into federal court seeking a
declaratory judgment against the
law’s constitutionality in the
states. On October 24, a three-
judge panel refused the suit in a
two-to-one split decision.
In a strongly-worded dissent,
Judge Merhige of the Eastern
District in Virginia took ex
ception , to his fellow judges and
wrote, ‘ ‘I can find no authority for
intrusion by the state into the
private dwelling of a citizen.
Stanley vs. Georgia, 394 U.S. 157
(1969) teaches us that socially -
condemned activity, excepting
that of demonstrable external
effect, is and was intended by the
Constitution to be beyond the
scope of state regulation when
conducted within the privacy of
the home. ‘The Constitution
extends special safe-guardstothe
THE BA
the news monthly
iRB
for southern gays
FEBRUARY 1976
NA TIONAL NOTES
No Gays Here
Reprinted by special persmission of
NewsWest.
By Hugh Harrison, News West
Special Writer
“Dave Kopay? Never heard
of him!
“I’m sorry, but we have no
aomment at this time.”
What began as a search for
the elusive Mr. Kopay soon
turned into the most tangled
mess of misinformation and cold
non-reaction this writer has
encountered.
It all arose from a series of
artides in the Washington Star
by writer Lynn Rosellini on
homosexuality in sports. At first,
the response in the general
media, with the exception of the
LA. Times, was at least ob
jective.
Then, suddenly, the Kopay
story was dropped from one end
of the country to the other. It
sank without a trace!
That was what prompted me
to start my search by phone.
Until recently, one of my
more cooperative sports sources
has been Tom Kelly at KNXT.
Now, with the bombshell
dropped by Kopay - and because
I am a writer for the gay press -1
could no longer get through to
him. Likewise, a call to Stu
Nahan at KABC found him
quickly turning me over to a girl
at th e sports desk who coolly and
firmly gave me no help what
soever.
The reaction at KNBC was
even worse. After a confusing
series of switches from one
person to another - none of
whom would, give a name - I
drew the conclusion that they,
had never heard of Dave Kopay,
Lynrt Rosellini, the Washington
Star, pro football or even the
word “gay.”
Why?
My first.inkling that someone
or something was out to clamp
an iron lid on the Kopay affair
was from a contact on the L.A.
Times. When I asked why the
Times ignored the story, he said
the sports department had
received several “suggestions,”
the main one being that they
“totally ignore it.”
Reasons? “It wouldn’t be
good for the game. It would be.
bad for the world of sports in
general. It would destroy our
culture.”
When pressed for the
source of such “suggestions,”
my contact carelully alluded to
“some important ball clubs and
other sports organizations.” He
didn’t name them. He added
that if I leaked the information,
he’d deny it and was sure the
paper would do the same.
I tried to contact several
major sports clubs in Los
Angeles, hoping someone would
confirm the fact that the Kopay
story was being systematically
represseed. I expected a cold
reception from the various
publicists, but the real surprise
was this:
The last team Kopay had
played for, the Southern
California Sun, was in the now-
defunct World Football League. I
decided that a call to National
Football League headquarters in
New York might at least put me
on the trail of Kopay, who had
played for six teams in the NFL.
The young woman who
answered the phone was sweet
and charming. Without naming
Continued on page 13.
Washington, D.C. - Indiana
Senator Birch Bayh (D).an an
nounced presidential candidate,
told members of New York’s Gay
Political Union that if he is
elected President one of his first
actions will be to sign an
executive order banning
discrimination against gay
people in the federal govern
ment.
Washington, D.C. ■ U.S. Rep.
Don Edwards (D-CA) reports
that his Judiciary Committee’s
subcommittee on Civil and
Constitutional Rights will begin
hearings on the federal gay
rights bill (HR 5452) in January.
Bloomington, In. - The
Municipal government of this
city approved a local ordinance
which would prohibit
discrimination on the basis of
sexual orientation, martial status
and age in education, housing,
employment and public ac
comodations. Mayor Frank
McCloskey sponsored and in-
trou duced th e legislation.
Phoenic, Ariz. - The Arizona
Court of Appeals struck down
the state’s sodomy and “lewd
and lascivious act” laws as
unconstitutional, saying that
they violate the “fundamental
right” to sexual privacy between
consenting adults.
Gay Service Center
for Atlanta?
ATLANTA - An informal
gathering at the home of Randel
Hinton, host of the radio
program Gay Atlanta, is the
possible nucleus of a gay
community service center for
Atlanta.
Steven Douglas, former
Atlanta Gay Help Line staff
member, proposed a temporary
organizational plan for an
Atlanta Center that might very
well fill need for a com
prehensive gay social service
organization here.
British Sterling Memorial
Fund Director Bill Smith was
also present at the meeting.
Smith, whose concerns have
increasingly centered around
political lobbying since he
resigned as director of the
Atlanta Gay Help Line, ex
pressed his desire to see gay
professionals organize for in
tensive legislative lobbying
effort. “The community,” ac
cording to Smith, “has not in
dicated its willingness to support
the massive amount of work
involved in running a gay
center.”
Randel Hinton, recently
arrived in Atlanta from Pensacola,
expressed his surprise that there
was no gay service organization
in Atlanta with the exception of
the three church groups.
Hinton suggested that the
activities of the proposed center,
the Atlanta Gay Help Line and
the British Sterling Memorial
Fund be consolidated under a
comprehensive plan.
Dr. Gibson Higgins the
director of AGHL, was contacted
after the meeting and indicated
his willingness to work with the
group to help the group for
mulate the plans and to merge
the gay help line activities into
the program.
There is no “center” now
artjd the plans are at a very in
formal level. The possibilities
are nonetheless exciting.
Individuals interesting in
working with the group are,
urged to contact them either
writing Gay Center care of The
Baih, Post Office Box 79l2,
Atlanta, Ga. 30309, or call The
Baib (Office hours 12 noon-11
p.m.) at 874-3232.
Boca Raton, FI. • The Com^
munity Relations Board of this
city voted unanimously to in
vestigate a complaint charging
the Police Department with
harassment and entrapment of
gay people. The formal com
plaint was lodged on behalf of
the Gay Academic Union of
Florida Atlantic University.
Jackson, Ms. • Gay liberation
’ has reached this southern state.
The Mississippi Gay Alliance
held its first state convention
November 21-23. For more
information about this
organization write to MGA, P.O.
Box 8342, Jackson, Ms 39204.
Houston, Tx •' .Gay people here*
are serious about getting the
city’s Commissioner’s Court to
recognize gay rights. Each Week
a gay woman or
man goes to the County Com
missioner, announces their
sexual orientation and appeals
for protective legislation. The
program is now in its fifth
month.
Dallas, Tx. - A domestic
relations court jury of 10 men
and two women decided by a
vote of 10 to 2 that Richard
Rishers, 9, must leave his.
mother, a lesbian, and gdlive
with his father. The jury, ap
parently heeding-attorney Mike
McCurley’s plea not to make the
boy a guinea pig of someones
social experiment took more than
fives hours to make the decision. *
New York - New York police,
in vestigating a ring of procurers
privacy of th e home...., ’ United
^States vs. Oritto 413 U.S. 139
(1973). Whether the guarantee of
personal privacy springs from the
First, Fourth, Fifth, Ninth, the
penumbra of th e Bill of Rights, or
as I believe, in the concept of
liberty guaranteed by the first
section of the Fourteenth
Amendment, the Supreme Court
has made it clear that fun
damental rights of such' an in
timate facet of an individual’s life
as sex, absent circumstances
waranting intrusion by the state,
are to be respected. My brothers,
I Respectfully suggesti, hate by
todky’s ruling, misinterpreted the
issue - the issue centers not
arqundmoralityordecency, outthd
constitutional right of privacy. ’ ’
The Virginia Civil Liberties
Union and NGTF now plan to
appeal the decision. That appeal
will go directly to the United
States Supreme Court. NGTF
Executive Director Dr. Bruce
.Voeller commented, “This
challenge should become the
‘Brown vs. Board of Education’ of
the gay movement. If the high,
court strikes down the Virginia
law, the laws of the other thirty-
seven states will fall
simultaneously. With these laws
will fall the ‘criminalizing’
coloration from which lesbians
and gay men have suffered so
long. Unlike two recent cases
which were refused hearing by
the high court, the present case is
clear, direct, and to the point. We
should have a landmark case with
even greater application and
effect to most gay people’s lives
than the Matlovich case.”
The sucess of the appeal-
depends in part on the availability
of money to cover oasts of the
case. Th^ Virginia Civil Liberties
Union will provide the attorneys
for that historic appeal; however
the appeal will involve over 1,000
dollars in others costs including
printing and filing fees. This
money is needed urgently, and
the Task Force askes that
donations be sent to NGTF
headquarters with a note ear
marking the funds for “sodomy
law challenge.”
who supply boys to the
homosexual trade, arrested one
of the chief operators along with
his book of clients. Listed were
the names of a number of VIP’S
including a European ,U.N.
Ambassador, a movie star and
the brother of a very well known
politician.
Washhigton, D.C. - Dave Kopay,
former running back and special
teams player for six National
Football League teams, said that
he is gay. Kopay, thought to be
the first professional football
player to openly admit -his
homosexuality, stepped forward
via an interview with the
Washington Star after reading
the initial installments of tht
newspaper’s series on gay
athletes.
Chicago - The American Public
Health Association has approved
a resolution calling for action on
the part of the Association for
the rights of gay people. The.
resolution was presented by the
APHA’s Gay Caucus.
ON THE COVER
Bringing the “Philly Sound” to the
nation’s discos are Daryl Qall and John
Oates. They recently appeared at the Electric
Ballroom in Atlanta as Part of a tour in
conjunction with the release of their first
album for RCA, ‘ ‘Daryl Hall/John Oat^s.’’