By Ramy Eletreby

State Supreme Court Rules Against Sea Scouts

On March 9, the California Supreme Court unanimously ruled that organizations that receive government subsidies must provide "written, unambiguous assurances" that they will abide by state nondiscrimination policies. In 1998, the Sea Scouts, a division of the Boy Scouts of America, filed a lawsuit against the city of Berkeley after it threatened to withdraw subsidies, which included free berthing privileges of the Scouts' ships in the city marina, unless they complied with the city's nondiscrimination policy. Though Berkeley provided privileges to the Sea Scouts for over 50 years, the city determined the Scouts' policy, which prohibits homosexuals and atheists in their organization, was out of compliance with city policies and while the group was welcome to continue using the marina, they would be required to pay the standard $500 per boat rate.

In the court's decision, Justice Kathryn Mickle Werdegar wrote, "[Berkeley] reasonably concluded the Sea Scouts did not and could not provide satisfactory assurances [of compliance with nondiscrimination rules] because of their required adherence to [the Boy Scouts of America's] discriminatory policies."

Bathhouse Owners Sue County Over Regulations

Since the beginning of the AIDS crisis, HIV/AIDS activists have worked with sex club and bathhouse owners to promote safer sex messages, provide free condoms and make HIV testing and counseling available for the often-closeted patrons.

After a 2003 county study indicated that those patrons were more likely to test HIV positive than other gays or bisexuals, the county issued new regulations to go into effect this month mandating that the 11 "commercial sex venues" obtain a health license and allow regular inspections by a health official.

On March 3, nine venues filed a lawsuit against the county arguing that the new rules do not allow appeals of the inspector's decisions, and protesting categorization as "commercial sex venues," which the county defines as "any establishment that charges patrons or members a fee for admission or membership and which as one of its primary purposes allows, facilitates and/or provides facilities for its patrons or members to engage in any high-risk sexual contact while on the premises."

"Our primary purpose is not to provide a place for high-risk behavior," Scott Campbell, president of Midtowne Spas told IN. "I feel for me to apply for this permit, I am agreeing that I encourage unsafe sex. Anyone who knows me knows that I don't do that."

AIDS Healthcare Foundation president Michael Weinstein disagrees, telling IN, "If it sucks like a duck and fucks like a duck, it's a duck." -- Karen Ocamb

500 Gay Teens Rally for Education Equality

On March 6 at the California Capitol building in Sacramento, over 500 LGBT teens, parents, teachers, LGBT rights activists, and state legislators rallied for education equality. Sponsored by Equality California and the Gay-Straight Alliance Networks, the youth called on legislators to pass bills AB 606, The Safe Place to Learn Act, and SB 1437, The Bias-Free Curriculum Act.

AB 606 (Levine, D-Van Nuys), which is in the Senate, would require school districts and the Department of Education to enforce the state's anti-discrimination and anti-harassment laws. SB 1437 (Kuehl, D-Santa Monica) would amend the Education Code to prohibit discrimination based on sexual orientation and gender identity in textbooks, classroom instruction, and school-sponsored activities.

The rally also highlighted the recent coming out explosion of self-identified gay teens and their increased use of the courts for political and judicial progress. There are over 500 gay-straight alliance clubs in the state compared to only 40 eight years ago. A recent Time article reported that gay teens are coming out at an earlier age, usually by age 15 or 16. For more information, go to www.eqca.org.

Details Surrounding here Lounge Altercation Still Unknown

Eyewitnesses offer differing accounts of what happened in the early hours of March 12 when Seth Hartsfield-Price (right) was reportedly involved in a scuffle with security guards at West Hollywood's here lounge and later with Los Angeles Sheriff's deputies. An e-mail from Jack Hartsfield-Price, Seth's partner, states that as Seth was leaving the club at closing, a security guard shoved him to get him to move faster. After Seth asked the guard to not push him, the guard "grabbed Seth by the throat and arm and shoved him into the wall. When Seth tried to get away from him, the guard punched him in the head." The e-mail further claims that Sheriff's deputies also mistreated Seth outside the club.

However, in an e-mail to the evening's party promoter Tom Whitman, an eyewitness (name withheld, per request) detailed a different version. "[Security was] trying to keep [Seth] under control as he recklessly trampled through the crowd. I even heard a security guard say 'calm down,'" writes the witness. "He got away from them and ran through for the exit whereupon security chased him out. He fell in the street and again on the sidewalk where they ended up detaining him. From what I witnessed, Mr. Hartsfield-Price appeared to be inebriated."

At press time, the Sheriff's Dept. had not released an official report on the incident.

Deputies Cleared of Harassing Gay Inmates

On March 7 the Office of Independent Review, which oversees the Los Angeles Sheriff's Department, told the Sheriff's Gay and Lesbian Advisory Council that allegations of misconduct by deputies against gay inmates at the Men's Central Jail could not be substantiated.

Last July, 22 inmates were strip searched in a main hallway of the segregated gay unit so deputies could look for drugs. Afterwards, 10 gay inmates claimed the search was unwarranted, too long and humiliating. They also alleged that deputies taunted them and used derogatory language.

But after an exhaustive investigation (1,150 pages) that included an analysis of a surveillance videotape of the search and interviews with 67 people, OIR investigators found that the entire search lasted about seven minutes, including 53 seconds when the inmates' buttocks were exposed -- which is "standard." Additionally, OIR Chief Attorney Michael Gennaco said, "We were able to show it was not a pretextual search. The search had legitimacy."

However, because there was no audio on the videotape, the panel could not prove or disprove the allegation that derogatory remarks were made, though witnesses, including gay inmates who had not complained, said they heard no such remarks. Interestingly, OIR investigator Robert Miller told IN the reason there were so many formal complaints was because the deputies and civilian employees suggested the action and even helped some inmates fill out the complaint forms.

Sheriff Lee Baca emphasized that all allegations of misconduct are taken seriously and noted that when deputies laughed after the search, they were laughing at a "contraband" g-string on the floor and not at the inmates. As a result of this investigation, Baca said, the strip search policy would be changed to allow inmates a modicum of dignity and privacy.

"I was relieved to learn from the OIR report that certain concerns I had about the strip search may be unfounded, attorney Dean Hansell, chair of the Sheriff's GLBT Advisory Council, told IN. "I remain concerned, however, about the areas that the Office of Independent Review was not able to resolve, such as whether any deputy made an inappropriate comment during the search. Regardless of whether this strip search was proper, the remedial steps such as those proposed by the department are necessary. I am especially supportive of the idea of moving the K-11 unit out of Men's Central Jail into a more appropriate location." -- Karen Ocamb

Arellano Quits School Board Race

On March 14, Christopher Arellano, the openly gay candidate for the Los Angeles School Board, withdrew from the June run-off election on advice of his union and political supporters after reports surfaced that he lied about his past and his USC master's degrees, according to gay politicos and the Los Angeles Times. For legal reasons, however, his name will remain on the ballot.

"I have decided it is just better to drop out. It is best for myself and my supporters," Arellano told the Times. The United Teachers Los Angeles, for whom Arellano works, spent $200,000 on his election, only to have him come in a distant second to Monica Garcia, who is backed by Mayor Antonio Villaraigosa. A central issue in the election is Villaraigosa's plan to take over the school board, which Arellano strongly opposes.

Meanwhile, in the controversial race between Assemblymembers Judy Chu and Jerome Horton for Board of Equalization, the West Hollywood Democratic Club executive board voted 9-3 to send their "no recommendation" position back to the full membership for reconsideration on March 22. Chu has a long pro-gay record, but Horton has previous BOE experience. -- Karen Ocamb