Fifth Freedom, 1981-09-01

              THE FIFTH FREEDOM A PUBLICATION FOR THE BUFFALO GAY COMMUNITY September 1981 FREE "The Freedom f o love whomever and however we want" Mattachine Files Federal Suit vs. New York State by John A. Faulting, Jr. The Mattachine Society of the Niagara Frontier, Inc. has filed a suit in Buffalo in Federal Court seeking to void enforcement of the New York State law against loitering that has been enforced here against homosexuals.The civil rights class action suit was filed Aug. 13 on behalf of an estimated half million Gays in New York State. It names as defendants Buffalo Police Commissioner James B. Cunningham, Vice Squad Captain Kenneth P. Kennedy, Erie County District Attorney Edward C. Cosgrove and State Attorney General Robert Abrams. Representing Mattachine in the suit is attorney William H. Gardner, who was the lawyer in the case that led to a ruling last December by the State Court of Appeals, in Rochester, that the state consensual sodomy law was unconstitutional. According to John A. Faulring, Jr., a plaintiff in the suit and the president of Mattachine, the suit claims that since consensual sodomy is no longer illegal as a result of the Court of Appeals decision, neither should it be illegal to remain in a public place to sol icit another to engage in that activity. "The loitering statute, as now enforced, denies my right and the right of other Gay men and women, to free speech and assembly," he said. "However, at the present time the law has only been enforced against gay males. There is no report of a Lesbian being arrested under the law. It could happen any time though." Mattachine contends that the loitering law is enforced "more vigorously" in Buffalo than anywhere else in the state. "There is virtually no enforcement of the loitering law in New York City because of different social mores," Faulring said, "Yet the law so vigorously enforced here by the Buffalo Vice Squad is just as applicable there. That is why we felt it was necessary for us to challenge this unfair statute. We are the ones who are being hit by the arrests, bookings and danger of losing our jobs. We are trying to stop this kind of treatment before it spreads across the state." The suit also charges the Buffalo Police Department with using police officers posing as Gays to entrap Gays, and of photographic and other surveillance of Gay bars. Federal Judge John T. Curtin is being asked to declare that the loitering laws not be enforced, and that police decoys are not persons "offended" under the law by invitations they might receive when they engage in conversation with Gays. "One of the points we are trying to make is that Gays should have the same rights in bars and other public places to give discreet invitations for sex that heterosexuals have in places like "singles bars," Faulring stated. "We are not trying to get cruising the streets or parks legalized. This 'right' we seek is just in the matter of sex in a private place. And it does not apply to any , type of prostitutional solicitation." Attorney Gardner said the class action civil suit was necessary since fear of loss of job or other problems leads defendants arrested under the loitering law to accept plea bargaining rather than test the law through trial and appeal. Other Mattachine members named as plaintiffs in the suit, in addition to Faulring, are Claude B. Gary, Dr. James D. Haynes, Donald A. Licht, and Ronald S. Wojciechowski.Important Aspect of Case "The most important apect of this case is to realize that all of us who intiated this case have come forward to challenge the law without ever having been arrested ourselves," Faulring stated. "We felt it was important enough to everyone involved that we should do this. It is just another example of Mattachine's leadership in the area of Gay rights." Over the years Mattachine has been very active and vocal in the political and legal areas. From picketing to lobbying and to information programs and letting Gays know what is happening that will affec their lives through The Fifth Freedom; the Society is the longest lasting group in the Buffalo area. (Only two other Mattachine chapters are left in the country, Washington, D.C. and Chicago, compared to many more from the "early days" oi Gay activism.)One other thing that should be known by non-Gay people is that they could be arrested under this same statute at any time. It is not strictly an anti-gay law. With the conservative wave that is sweeping the country, it is very possible that this could happen.The law itself is vague enough that one does not even have to ask or voice a desire to have sex, merely being in a public place with the thought of it is technically enough to be arrested. Official Response There has been no official response to the suit, but the Vice Squad Commander has had some things to say about it. Captain Kenneth P. Kennedy has stated in the local press that Mattachine is trying "to rob the police of a strong, vital means of protecting the public against both prostitution and open homosexual activity." Every time he makes reference to homosexuality, he invariably attaches it to prostitution. And in another old tactic he brings the safety of the young into the picture. He denies any photographic surveillance of Gays "except in very extreme cases where youngsters are involved." He then states that he has received many complaints from concerned parents seeing "swarms" of suspected homosexuals descending on neighborhoods to "recruit, procure and pimp young boys as prostitutes." He cites the case of the "prostitution ring" broken last year on Washington St. as a prime example of this activity. To respond to the countercharges Mattachine would like to remind everyone of these facts: all Gays are not prostitutes any more than all straights are. We are not child molestors, as any study can bear out. And as to the "swarms" of Gays out there, what neighborhood do they frequent? And we must remind him that the "pimp" was not pa part of the gay community and received no support from any sector of it when he was arrested. We do not condone such activity. The Allen Restaurant: A Gay Business Grows By JOHN A. FAULRING, JR. After one-and-a-half years at their current location Dan and Joe, of the Allen Restaurant, have expanded their facilities. Recently they opened the front portion of the current building to accommodate up to 25 more people during their busiest hours. In February 1980, after 3 years at 45 Allen, they were forced to look for a new location due to a fire in the building that housed them. (Note: That fire also forced Marrakesh and Mattachine to move.) They found their current location and did a lot of repairs to convert the old house to suitable space for them. They have now been open at 16 Allen for business long enough to have an ever-growing clientele that was the reason for the added space. With a staff of seven, Dan and Joe have established a neighborhood meeting and eating place they can truly be proud of. During weekday lunch hours they are packed with business people looking for a change from fast food. This is definitely the place for a change. From the soup course, prepared by Dan, to the desserts, Joe's specialty, you have to go there expecting the best. The regulars don't need to look at the standard menu as the choices are limited, but nonetheless good. The real treat is looking at the specials board to see what is offered that particular day. There are usually three to four and they vary from cold to hot, vegetarian to meat, fish and poultry. Sandwiches are a treat, too. On a recent night a group of Fifth Freedom staff and friends visited the new room for a Friday night dinner. The decor of the entire restaurant is designed for feeling right at home, and the new dining area is no exception. The red and white checked table cloths, the Judy Garland and other old photos, and the small white lampshades with their fringe swaying in the gentle breeze of the overhead fans all add to an enjoyable meal. The only bad part of this evening was the fact that they had not gotten the sound system hooked up yet, so we missed out on the fantastic recorded music. No, this is not the normal Muzak kind; it is all oldies, but goodies mixed in with show tunes and songs you don't even hear on the mellow stations in the area. A real treat, while you eat. Dan and Joe are both very attentive to all of their customers. It is a real pleasure to be treated as friends as well as customers. The soup course that night started with Manhattan Clam Chowder and Minestrone, the house regular. All the soups served here are very hearty and do not have the manufactured look or taste. Homemade appearance and taste are the standard here. My only complaint, and it is my fault and I know better, is that the soups are not overly salted. The flavors are fine and the choice is yours as to the additional salt. On a follow up visit they had cold Gazpacho, which is second only to mine in taste. Then onto the salads. They are a regular chef mixture with a choice of regular Italian, creamy Italian, or French, with oil and vinegar for the diet conscious. Nothing spectacular, but a good size portion to start off the meal. Then comes individually baked loaves of bread. Joe bakes all of them at the restaurant so freshness is assured. The bread is firm and delicious and always nice and warm. For a real treat, order the garlic bread made from the same loaves. Great! The Allen Restaurant has expanded to be able to accomodate their increasing business. Our Cover: Federal Court Building in Buffalo Our cover this month is a picture of the Federal Court building here in Buffalo. This is where Federal Judge John T. Curtin will be hearing arguments for both sides involved with Mattachine's lawsuit to have the loitering law declared unconstitutional.Continued on page 8 Continued on page 9