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Schwartz: ‘In it to win it’

Former D.C. Council member runs as LGBT ally in fifth race for mayor

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Carol Schwartz, gay news, Washington Blade
Carol Schwartz, gay news, Washington Blade

Carol Schwartz is making a fifth run for D.C. mayor. (Washington Blade photo by Michael Key)

Editor’s note: This is the first in a three-part series profiling the leading candidates for D.C. mayor in next month’s election. Next week: David Catania.

 

D.C. mayoral candidate Carol Schwartz defies anyone to prove she doesn’t have the longest and strongest record of support for the LGBT community among the current candidates running for mayor.

Beginning in her high school days in Midland, Texas, when she befriended gay classmates, to her years on the D.C. school board in the 1970s through her 16 years on the City Council, Schwartz says she has worked as diligently to advance LGBT rights as she has in her role as a champion for all city residents.

“I don’t think anybody, regardless of their own sexual orientation, has a better record than I do in this community,” she told the Washington Blade in an interview last week.

Schwartz, 70, said in no uncertain terms that she was referring to D.C. Council member and mayoral candidate David Catania (I-At-Large), who’s gay, and Council member and mayoral contender Muriel Bowser (D-Ward 4) as among those whose records on LGBT issues hers surpasses.

“It was 40 years ago when I got elected to the board of education,” she said. “I immediately went about getting a rule change – a rule addition – to make discrimination against gay and lesbian teachers banned – any discrimination based on a person’s sexual orientation.”

Schwartz has strongly disputed claims by detractors that she entered the mayoral race this year in retaliation against Catania, who helped orchestrate her defeat in her 2008 re-election bid for the Council.

While saying she is better qualified to be mayor than Bowser, Schwartz leveled her strongest criticism against Catania in her interview with the Blade.

Among other things, she said Catania’s decision to leave the Republican Party in 2004 and denounce then President George W. Bush for his support for a constitutional amendment to ban same-sex marriage came “five minutes” after Catania had raised large sums of money for Bush’s re-election campaign.

“I never raised money for George W. Bush,” she said in referring to her role as a longtime Republican. “And he came to me and asked for money” for the Bush campaign, Schwartz said in referring to Catania’s 2004 support for Bush before the blowup over the marriage issue.

“The only check I ever gave to a Republican president was when [Catania] was like browbeating me to do so,” she said.

Schwartz said she has raised Catania’s initial support for Bush in an effort to deflect criticism of her affiliation with the Republican Party prior to her decision to switch from Republican to independent earlier this year when she decided to run for mayor.

“If you’re going to mention it about me you need to mention it about him,” she said of her and Catania’s roots in the Republican Party.

Catania has said that although he switched from being a Republican to an independent after Bush announced his support for the anti-gay federal marriage amendment in 2004, he likely would have left the GOP anyway a short time later due to its continuing tilt to the right. Like Schwartz, Catania described himself as a progressive Republican.

“So I’m running to win the election,” Schwartz said. “I’m running to siphon off votes from both of them and also the other three who are in the race. I’m really in it to win.”

 

Carol Schwartz, gay news, Washington Blade

Carol Schwartz at Gay Pride Day in 1986. (Washington Blade archive photo by Doug Hinckle)

Washington Blade: Can you tell a little about your background, where you’re from and what brought you to D.C.?

Carol Schwartz: I grew up in Midland, Texas. It was an oil rich town because there was oil discovered in Midland. And Midland became very nouveau riche overnight – you know new rich people because of the oil business. Everybody said, ‘Oh, Midland, you must be in the oil business with huge resources.’

The answer is no. The closest we got to the oil business was that my mom and dad had a mom and pop work clothing store on the poor side of town across the tracks. And they sold steel toe boots and steel helmets and khakis and overalls to people that worked in the oil fields…

I came up here 48-and-a-half years ago – actually it was 49 years ago, right after I graduated from the University of Texas. I was engaged to be married. I had my ring on and I had a wedding planned for January. And I was going to go back in the beginning of September and was going to teach special education in a junior high school in Austin, Texas.

And I came here because a friend had a summer internship job . . . and she heard I had some free time so she said why don’t you come and visit. I spent three days – 72 hours exactly. My head never hit the pillow. I became enthralled with D.C. I just loved it. I loved the architecture and greenery. I thought it was so beautiful. And I loved the diversity. I thought it was really special. And it wasn’t just racial diversity. It was economic diversity and it was international. It was really, I thought, thrilling.

And all of a sudden I realized Texas wasn’t the place. And the guy I had been going with at that point – like four years – was not the one. I went back and told my job I would be leaving in midterm. I wanted to give them an opportunity to get someone in my place. And then I broke my engagement.

He—thank goodness, he called me today. He’s married to a wonderful woman. He’s one of my best friends. We have a beautiful relationship. It took a while to get there — a few years — but a beautiful relationship.

And I moved here with no job, no man, nothing. So I mean everybody used to say when you came to Washington – because in that era a woman coming alone – ‘Did you follow a man or a job?’ And I said actually neither – I left both back in Texas so none of the above. And so I really chose D.C. I didn’t follow my parents here. I didn’t follow a relationship here or a job here. I picked this town.

 

Blade: What year was that?

Schwartz: I actually got introduced here in ’65 and I moved here in January of ’66. So it’s 48-and-a-half years.

And your other question was tell me a little about your life…I started working in that store when I was 8 years old. And I had to be there. It wasn’t like, oh Carol, come when you can. It was like after school we expect you here and on Saturdays and even Sundays until the blue laws came in. So I’ve been a worker since I was 8.

And obviously I need to be a worker again. And that’s one of the reasons why I’m running. And it’s not just a worker. There are other jobs – the job I think I can do best for the city.

So a combination of there being very few Jewish families and a town that had very few minorities of any kind – and having experienced anti-Semitism, which I did.

I think a very defining part of my life was not just seeing the kind of intolerance that was out there, not only toward me. There was an African-American man who worked in our store and seeing as a very young girl what he had to take.

And that was the only other employee, actually — as well as my brother Johnny — my only sibling…I thought that Johnny, with his intellectual disabilities, that people should be nicer and kinder to him, not being mean and ridiculing. And that made me realize how cruel people can be and that I had to fight for the underdog. And so I learned how to do it as a very young girl. And I guess I’ve been doing it ever since.

You may have met Johnny or seen Johnny over the years. He died 10 years ago at 62. He had come to my swearing-ins and he took the mic. He was adorable. But he was an older brother. He was 18 months older. I really spent a good part of my childhood taking care of Johnny.

I also had two friends in school who were not openly gay. And you’ve got to realize that I graduated from high school in ’61. We were friends in school. But they never talked openly about their sexual orientation. It just wasn’t discussed . . . I danced with one and I was good friends with the other. But both of them sadly committed suicide after high school.

And I think knowing about them without really knowing about it and seeing them take their own lives made me especially also sensitive to people who did not feel they could be what they should and wanted to be. Anyway, what defined me were those kinds of experiences.

 

Blade: At this point in the mayoral race your two main opponents are saying they have a very strong record on LGBT rights. David Catania says that as a member of the LGBT community he’s sensitive to these issues and has been a champion on those issues. What would you say to LGBT voters who ask why should we vote for you?

Schwartz: I don’t think anybody, regardless of their own sexual orientation, has a better record than I do in the community. I mean starting when I got on the school board when I was 30 years old. This was 40 years ago when I got elected to the board of education. I immediately went about getting a rule change – a rule addition – to make discrimination against gay and lesbian teachers banned — any discrimination based on a person’s sexual orientation.

 

Blade: This was in the 1970s?

Schwartz: In the ‘70s. In the mid ‘70s on the board of education – it wasn’t even an issue that somebody brought to me. I at that point already had a lot of gay and lesbian friends and I just wanted to make sure that when I was looking through the rules that there was nothing about discrimination about anyone.

 

Blade: And then as a school board member did you run for the City Council?

Schwartz: No, I took a two-year break. I chose not to run after two terms and then I went off and I worked as a full-time consultant with the U.S. Department of Education…And then I went to be a press secretary to a member of Congress. So I got federal experience and Hill experience in those couple of years.

I did serve when I was on the board of education as vice chair of the National Advisory Council on the Education of Disadvantaged Children, which I think was an amazing experience. I did that for five years. President Ford appointed me but President Carter kept me on. I was vice chair during all that period…

And then in ’84 I ran for the Council and so in ’85 I went on the Council – in January of ’85.

I want to finish your question about my record and about strong records. I said nobody has as comparable a record even the one who is so readily identified. I have done community service work for the community for years. I was on the board of the Whitman-Walker Clinic for 17 years. Jim Graham brought me on in 1989 and I went off in 2006. I don’t think I ever missed a meeting, and you know we met often. And I was elected. I think there was one year I was appointed. Every other year of those 17 years I was elected by the community to serve on the board. And I was also elected as vice president. I think at that point there had never been a straight person elected to a position of leadership…

So I was always at those meetings. I never left early. And there would be sometimes that I would be sitting there at midnight when I had to be at an 8 a.m. breakfast the next morning at the Council to have our legislative session. So it was the ultimate sacrifice. It paid nothing.

And I did fundraisers at my home for Whitman-Walker. All those years I personally gave a lot of money. I mean, you name the organization. I contribute today and I’m not even in public life. If it’s Lambda Legal, they get a check – at least one check, usually more every year. GLAA I usually give a little something to when they do their annual thing. There’s hardly any organization I haven’t – Brother Help Thyself – the one that Cornelius [Baker] used to head up – the national organization that had something to do with people living with AIDS.

 

Blade: The National Association of People with AIDS?

Schwartz: Yes – I always gave to them. And a year and a half ago I was the regional co-chair for PFLAG. They had their 30th anniversary celebration – and I did a big fundraiser in my house for PFLAG was well. So whether it is giving money or spending time as a volunteer for organizations that are valuable – I don’t know how much volunteer work either of those other two do – volunteer work that they do in the community with organizations that are near and dear and helping the community.

Even in Rehoboth – I live here. I have a house in Rehoboth – it’s been 20 years now. But I’m a member of CAMP Rehoboth [an LGBT organization and community center]. I’m a paying member of CAMP Rehoboth. I’m always an individual host of the Sundance and the Love benefit. They are the big functions for that organization and I send in my check and I’m a big supporter. I’m at their activities and I give them money.

So I will repeat – I don’t know if you will ask them [mayoral candidates David Catania and Muriel Bowser], but what have they done as a volunteer or financially for organizations that serve the community? If they have, I am not aware of them. And I will be glad to show you my tax returns with all of the checks I’ve written to the organizations of which we speak.

 

Blade: Are you referring to LGBT organizations?

Schwartz: Yes, yes. And I would challenge them to do the same. You know, he made pretty good money — $240,000 from MC Dean and a hundred and nearly thirty thousand from his Council work — so in my estimation that’s getting pretty close to $400,000 a year. I don’t make anything near that kind of money. My income is so far less than that, in fact, to a degree that my accountant says Carol you can’t keep giving like you used to give. You don’t have that kind of money. I said I’m going to give until I run out. But I would say with nearly $400,000 you should see lots of contributions.

 

Blade: He has said he doesn’t doubt that you are a committed supporter of the LGBT community. But he also said you are a Johnny-come-lately on marriage equality for gay people. He said you hesitated to support legalization of same-sex marriage in the District.

Schwartz: Listen — there was a lot of conflict within the community itself. You’ve got to go back a few years. We had the strongest domestic [partnership] law in the country. And I helped add to that. I always supported what was done and I helped that. And there was nervousness among lots of us who were supporters about putting that in jeopardy. But I did write in 2008 in this newspaper. I did write that I was there on the marriage question. Go back and look at it. And I am not opposed to it was the way it was written. And that was in 2008. It took Barack Obama and Hillary Clinton far more years than that. What was it 2013 that they both came around?

 

Blade: It was 2012 for the president.

Schwartz: OK – so please. I cannot be criticized on this. I cannot be criticized. And when the community as a whole was ready to say yes let’s go forward I was there. I had the same concerns that many others had. But when the community was there, I was ready to go forward. I did think the word marriage would prolong the issue. But thank God it didn’t. And I’m grateful that it didn’t.

 

Blade: You’re referring to the D.C. marriage equality law?

Schwartz: Yeah. Well I thought the word marriage might prolong it. I was at – long before all this happened. If I had been on the Council in 2009 I would have voted for it without a doubt. I would have voted for it in 2009…

I’ve always been trying to be protective in every way. I added more money to the Human Rights Commission…I don’t think there has been a high heel race whether I have been in office or not that I’m not there. You saw it in the article today. I was going to gay bars long before it was fashionable.

 

Blade: Are you referring to the Washington Post story on you?

Schwartz: Yeah. I mean I’ve always been out and about. And I didn’t like sneak around and do it. I would take the media with me. And remember in those years I was a Republican and they had some issues. And I didn’t care. I was out there. There was a big story in the Post in 1986 of me dancing with lesbians in gay bars. And people said to me do you want to do this before the campaign? And I said I go where I go and they can report what they report. My life is an open book.

 

Blade: That goes to the issue of the city’s electorate being so Democratic. You were a Republican –

Schwartz: And so was David – so was David. If you’re going to mention it about me you need to mention it about him.

 

Blade: But –

Schwartz: And then when he got in trouble after he raised a huge amount of money – tens of thousands of dollars – for the president. I never raised money for George W. Bush. I never did. And he came to me and asked for money – David Catania. The only check I ever gave to a Republican president was when he was like browbeating me to do so.

 

Carol Schwartz, gay news, Washington Blade

Carol Schwartz faces Muriel Bowser and David Catania in the race for D.C. mayor. (Washington Blade file photo by Michael Key)

Blade: Would that have been the 2000 campaign?

Schwartz: No – I think it was in 2004….And after that [Bush] did the amendment, the marriage amendment between a man and a woman. And then David got mad and he started really criticizing the president. And he was going to be a delegate to the convention…

I think he wanted to be mayor for a lot of years. I think he realized that since I couldn’t get elected mayor as a Republican that it might be hard for him as well. And actually he even verbalized it to me before. And so the timing – he then, they withdrew his credentials because he was out bad-mouthing the president. And then I quit as a delegate in sympathy. Don’t you remember that? It was in the Washington Post. In sympathy for my colleague on the issue of marriage equality I quit as a delegate. I didn’t go to the convention. I had been an elected delegate and I in sympathy quit.

 

Blade: He said in his interview with the Blade that in addition to his disagreement with President Bush over the marriage issue he believed the Republican Party was drifting too far to the right and he would likely have left the party for those reasons.

Schwartz: All right. He told you that. I don’t know. But he’s also said he left over the marriage issue.

 

Blade: Yes, he said that was the straw that broke the camel’s back.

Schwartz: But I mean that was five minutes after he raised $5,000 at least – I think it was more. And then he said at the debate the other day that he got that money back. He said it at the debate. He was sitting right next to me. He said I just want you to know I got that money back from the president. Well that’s great, and I turned to him and I said what about my money, because that wasn’t all his money. That was money he raised for the president. And he announced that he got it back. Did he keep my money? What did he do with it? I didn’t get my money back.

 

Blade: Was that something both of you had in common – your concern over the direction the Republican Party was taking?

Schwartz: Yeah – and there was room for that. In the old Republican Party – in the former Republican Party there was room for being a social progressive and a fiscal conservative. And then there wasn’t any more. I kept it years longer because then there was only one Republican on the Council and I was able to do really good things, including for the community. Do you remember when [U.S. Rep.] Todd Tiahrt [R-Kan.] got the rider put on the [D.C.] budget that banned gay and lesbian adoptions [in D.C.]? Don’t you remember that? They couldn’t adopt children in the District of Columbia? That was a rider.

I went down with Carl Schmid and I got the appointment. We were able to get the appointment because I was a Republican and went down and I started talking about my friends, many of whom were adopting children and the loving families for these children that they wouldn’t have had. They were neglected children. And here they were now part of loving families. And how could we deny that opportunity both for the people who were adopting who wanted children as well as the children who needed tender loving care? And I started crying sitting there talking. Carl was sitting there. The congressman was sitting there and I was sitting here.

 

Blade: This was Congressman Tiahrt?

Schwartz: Yes. And the rider disappeared that afternoon. And I didn’t go out – see I don’t go out there and call a press conference and say, ‘Look what I did, look what I did.’ I just did it. I didn’t have to get all the credit for it. I just took care of what needed to be done. But my being a Republican all those years helped.

So I’ve been working and I could do those things that I did by being a Republican. It didn’t help me politically in an 11-to-one voter disparity [among D.C. registered voters]. But it sure helped the city in many ways, including this community.

And that’s where I think you have a little prejudice here. It’s going to be nice you think to have a member of the community as the mayor. But let me tell you – if you look at what he – when somebody was fired from Whitman-Walker Clinic – let go, not even fired, along with lots of people because – remember when they were having financial difficulties? It was after I left [the Whitman-Walker board]. I left in 2006. This was after that. And then when he called up and he threatened the head – the executive director, whatever they called it at that time – and said either you hire her back or I’m coming after the clinic. And don’t you remember that series of hearings where he just beat up on the clinic? Don’t you remember that? You should.

 

Blade: He said he was looking into issues that led to the clinic’s financial problems.

Schwartz: Oh, all of a sudden – all of a sudden, absolutely. Don’t kid yourself. I mean maybe kid yourself but you can’t kid me. And ask anybody from the Whitman-Walker Clinic. Ask anybody that was there at that time. Just ask them. Walk across the street and ask them. And you won’t do it. You will not do it. He went after a whole clinic. And thank God for that clinic. It was over one individual. Don’t you think the timing is a little weird?

 

Blade: We reported that at the time. We also reported that the changes made by the director who did the firing – Don Blanchard – resulted in major financial improvements that stabilized the clinic’s finances.

Schwartz: Yes, Donald [Blanchon] did that. And I was there when we were already talking about some of those. So it wasn’t him. He’s always – like Muriel said, trying to get credit for everything. Only he did this and only he did that. It’s not true. There were contributions made by him, valuable contributions.

 

Blade: One of the things David Catania’s supporters argue is that while some accuse him of being too abrasive, several city agencies were in such a mess back in the 1990s and early 2000s, including the AIDS office, that they were happy someone was going after these bureaucrats. Would you have done something similar in your role on the Council as a fiscal watchdog?

Schwartz: Look at what I did to the Department of Public Works all those years. They are in transportation. They all got better. But I wasn’t yelling. I wasn’t abrasive. You can be strong and tough and not demeaning. Unfortunately too many snarky people like meanness. And I don’t think meanness is necessary.

 

Blade: Are you saying your way would have been better?

Schwartz: Absolutely. We need to make friends. And there’s nobody that did a better job than I did of absolutely making a positive difference in agency after agency after agency. I got a letter from Dan Tangherlini [former director of the D.C. Department of Transportation]. He said they knew they could not come in to hearings not having tackled all the things I raised at the previous hearing, that his staff knew they had to whip themselves into shape and that how thankful he was. And then he said you were so tough but also fair.

Now I know there are some who love seeing people kicked on the ground and then when they’re on the ground you just keep kicking them. I don’t think that’s really appealing. And I don’t think any of us should find that appealing. You can actually get things done and make people make real change for the better without demeaning individuals along the way.

So I think I would be a far better mayor than anybody who’s running because I am strong, I am tough, I expect excellence. But I don’t kick anybody to the ground. I don’t push them to the ground and kick them while they’re on the ground.

 

Blade: His supporters will say you’re exaggerating, that he doesn’t kick people on the ground.

Schwartz: OK, fine. It’s not literal. It’s figurative.

 

Blade: A lot of people in the LGBT community remain concerned about anti-LGBT violence, including violence targeting transgender people. Have you said whether you plan to retain the chief of police, Cathy Lanier?

Schwartz: No I have not. I have not said I would or I wouldn’t. The only person I’ve spoken up on at all on any personnel matter has to do with [D.C. public schools chancellor] Kaya Henderson. I said I would retain her. She has asked for another year or so because of the things she’s started. And I don’t want to destabilize the school system that is starting to make some progress. And so that’s the only one I have weighed in on.

But hate crimes will be punished to the most severe degree possible. I find them abhorrent.

 

Blade: LGBT advocates have raised the issue of whether the city should fund their efforts to help conduct sensitivity training to police officers. So far these trainings are performed by volunteers who have to take off from work. They are asking now for some compensation for that.

Schwartz: I would certainly look into that. I want everyone to have the sensitivity training and I want people to provide it that know what they’re talking about. So if their problem is compensation I would certainly look seriously into it.

Look, my record is pretty stellar. And it wasn’t stellar because I was just being politically adept. It’s stellar because look what I did in my own time. Look what I did with my own resources. I think that distinguishes me. Now I happen to be straight. But you look at my friendships, my relationships, people who I travel with, people who I hang out with. My own daughter is married to a woman. So I don’t think you have a better friend. And I mean that literally – a better friend than me, nor do I think you will have a better mayor than I would be to the community.

 

Blade: There are some in the community who say the three leading mayoral candidates are all equally good on LGBT issues so people in the community should choose who to vote for based on other issues. What do you say to that?

Schwartz: Well gosh, who has the record? Who has the record that’s not just in a couple of areas but in every area – in every area? I mean the strongest whistleblower’s law in the country that the federal government replicated – that was me. And that was because I want our employees to be our eyes and ears. And they can’t cloak themselves in it if they’re about to be fired. I made provisions in it for us to make sure that if someone is being moved on that they can’t all of a sudden cloak themselves in the whistleblowers protection law. I created the Department of the Environment, the strongest tree bill in the nation to protect our tree canopy. I did away with the SUV’s, which became the vehicle of choice in the Williams administration. I banned those except in emergencies as gas guzzling things.

 

Blade: Do you mean for the city government?

Schwartz: Yeah, for city government. And then for those who have gas guzzlers they have to pay more to register their cars – fuel efficient they pay less. Curbside parking – how I moved it to the corner overnight so that people who live in densely populated areas can have more parking. Looking at domestic violence legislation I proposed in addition to all the things I’ve done for the community particularly – but all these things in every area of the government. I had a perpetual fund put in for pothole repairs – street, sidewalk and pothole repair. That money would be coming in. I did it with Dan Tangherlini. Money would be coming in and money would be going out and you wouldn’t have to wait around to get pothole money. It was always present. After I left the Council they did away with it. And look what’s happened. Look at the potholes that are out there. And I tried – I took care of that. And I left the Council and they did that.

I never did earmarks. I never took advantage. I’ve never done anything — you know on their campaign finance, they’re doing that loophole on the LLCs. Both of them are doing that, her more than him. But they passed a law saying with the public outcry about how a company, a corporation can divide itself into all these subsidiaries and then they each can give – it’s the same owner – can give $20,000 instead of the $2,000 maximum. And they passed a law saying it should be banned. But they made sure the law didn’t go into effect until January of 2015 when this election is over.

And so they could have said that was a good law we passed. I’m going to abide by that law even though it’s not required. I’m doing that. Leaders have to lead by example. And I’m doing that. And I’ve not had another job that could be really considered a conflict. MC Dean has street light contracts. They have all those streetcars. Look at the kind of money they are going to make in streetcars. David in his platform has called for the full expansion of the streetcars as originally proposed. He has said well I didn’t vote for those individual contracts of MC Dean. I would always recuse myself. But yet he voted for the budget. And the budget had that money for them in it.

And there’s nothing about me and my career that has ever – ever – done anything which is a conflict. So you need to be concerned about lots of issues. And you also have to have someone who gets along with people, who is able to work with everyone, who can actually disagree without being disagreeable or not speaking to people for huge periods of time. That’s not going to be helpful as we need to go out and make friends so we can get our full voting rights, have our full budget autonomy, have our full legislative autonomy. We need to make friends. And I have a long history of making lots of friends.

 

Blade: In terms of the campaign, you initially were accused of being a stalking horse for Muriel Bowser but then –

Schwartz: But that was ridiculous. That was him. He started that rumor the first day I got out. Go check it out. That’s what he said playing the victim.

 

Blade: But one poll recently shows you are –

Schwartz: Of course, I’m taking more votes from her than even him…So I’m running to win the election. I’m running to siphon off votes from both of them and also the other three who are in the race. I’m really in it to win it. And that means siphoning off votes from everybody who were in it before I came in it.

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Honoring the legacy of New Orleans’ 1973 UpStairs Lounge fire

Why the arson attack that killed 32 gay men still resonates 50 years later

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Fifty years ago this week, 32 gay men were killed in an arson attack on the UpStairs Lounge in New Orleans. (Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

On June 23 of last year, I held the microphone as a gay man in the New Orleans City Council Chamber and related a lost piece of queer history to the seven council members. I told this story to disabuse all New Orleanians of the notion that silence and accommodation, in the face of institutional and official failures, are a path to healing.  

The story I related to them began on a typical Sunday night at a second-story bar on the fringe of New Orleans’ French Quarter in 1973, where working-class men would gather around a white baby grand piano and belt out the lyrics to a song that was the anthem of their hidden community, “United We Stand” by the Brotherhood of Man. 

“United we stand,” the men would sing together, “divided we fall” — the words epitomizing the ethos of their beloved UpStairs Lounge bar, an egalitarian free space that served as a forerunner to today’s queer safe havens. 

Around that piano in the 1970s Deep South, gays and lesbians, white and Black queens, Christians and non-Christians, and even early gender minorities could cast aside the racism, sexism, and homophobia of the times to find acceptance and companionship for a moment. 

For regulars, the UpStairs Lounge was a miracle, a small pocket of acceptance in a broader world where their very identities were illegal. 

On the Sunday night of June 24, 1973, their voices were silenced in a murderous act of arson that claimed 32 lives and still stands as the deadliest fire in New Orleans history — and the worst mass killing of gays in 20th century America. 

As 13 fire companies struggled to douse the inferno, police refused to question the chief suspect, even though gay witnesses identified and brought the soot-covered man to officers idly standing by. This suspect, an internally conflicted gay-for-pay sex worker named Rodger Dale Nunez, had been ejected from the UpStairs Lounge screaming the word “burn” minutes before, but New Orleans police rebuffed the testimony of fire survivors on the street and allowed Nunez to disappear.

As the fire raged, police denigrated the deceased to reporters on the street: “Some thieves hung out there, and you know this was a queer bar.” 

For days afterward, the carnage met with official silence. With no local gay political leaders willing to step forward, national Gay Liberation-era figures like Rev. Troy Perry of the Metropolitan Community Church flew in to “help our bereaved brothers and sisters” — and shatter officialdom’s code of silence. 

Perry broke local taboos by holding a press conference as an openly gay man. “It’s high time that you people, in New Orleans, Louisiana, got the message and joined the rest of the Union,” Perry said. 

Two days later, on June 26, 1973, as families hesitated to step forward to identify their kin in the morgue, UpStairs Lounge owner Phil Esteve stood in his badly charred bar, the air still foul with death. He rebuffed attempts by Perry to turn the fire into a call for visibility and progress for homosexuals. 

“This fire had very little to do with the gay movement or with anything gay,” Esteve told a reporter from The Philadelphia Inquirer. “I do not want my bar or this tragedy to be used to further any of their causes.” 

Conspicuously, no photos of Esteve appeared in coverage of the UpStairs Lounge fire or its aftermath — and the bar owner also remained silent as he witnessed police looting the ashes of his business. 

“Phil said the cash register, juke box, cigarette machine and some wallets had money removed,” recounted Esteve’s friend Bob McAnear, a former U.S. Customs officer. “Phil wouldn’t report it because, if he did, police would never allow him to operate a bar in New Orleans again.” 

The next day, gay bar owners, incensed at declining gay bar traffic amid an atmosphere of anxiety, confronted Perry at a clandestine meeting. “How dare you hold your damn news conferences!” one business owner shouted. 

Ignoring calls for gay self-censorship, Perry held a 250-person memorial for the fire victims the following Sunday, July 1, culminating in mourners defiantly marching out the front door of a French Quarter church into waiting news cameras. “Reverend Troy Perry awoke several sleeping giants, me being one of them,” recalled Charlene Schneider, a lesbian activist who walked out of that front door with Perry.

(Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

Esteve doubted the UpStairs Lounge story’s capacity to rouse gay political fervor. As the coroner buried four of his former patrons anonymously on the edge of town, Esteve quietly collected at least $25,000 in fire insurance proceeds. Less than a year later, he used the money to open another gay bar called the Post Office, where patrons of the UpStairs Lounge — some with visible burn scars — gathered but were discouraged from singing “United We Stand.” 

New Orleans cops neglected to question the chief arson suspect and closed the investigation without answers in late August 1973. Gay elites in the city’s power structure began gaslighting the mourners who marched with Perry into the news cameras, casting suspicion on their memories and re-characterizing their moment of liberation as a stunt. 

When a local gay journalist asked in April 1977, “Where are the gay activists in New Orleans?,” Esteve responded that there were none, because none were needed. “We don’t feel we’re discriminated against,” Esteve said. “New Orleans gays are different from gays anywhere else… Perhaps there is some correlation between the amount of gay activism in other cities and the degree of police harassment.” 

(Photo by H.J. Patterson/Times-Picayune; reprinted with permission)

An attitude of nihilism and disavowal descended upon the memory of the UpStairs Lounge victims, goaded by Esteve and fellow gay entrepreneurs who earned their keep via gay patrons drowning their sorrows each night instead of protesting the injustices that kept them drinking. 

Into the 1980s, the story of the UpStairs Lounge all but vanished from conversation — with the exception of a few sanctuaries for gay political debate such as the local lesbian bar Charlene’s, run by the activist Charlene Schneider. 

By 1988, the 15th anniversary of the fire, the UpStairs Lounge narrative comprised little more than a call for better fire codes and indoor sprinklers. UpStairs Lounge survivor Stewart Butler summed it up: “A tragedy that, as far as I know, no good came of.” 

Finally, in 1991, at Stewart Butler and Charlene Schneider’s nudging, the UpStairs Lounge story became aligned with the crusade of liberated gays and lesbians seeking equal rights in Louisiana. The halls of power responded with intermittent progress. The New Orleans City Council, horrified by the story but not yet ready to take its look in the mirror, enacted an anti-discrimination ordinance protecting gays and lesbians in housing, employment, and public accommodations that Dec. 12 — more than 18 years after the fire. 

“I believe the fire was the catalyst for the anger to bring us all to the table,” Schneider told The Times-Picayune, a tacit rebuke to Esteve’s strategy of silent accommodation. Even Esteve seemed to change his stance with time, granting a full interview with the first UpStairs Lounge scholar Johnny Townsend sometime around 1989. 

Most of the figures in this historic tale are now deceased. What’s left is an enduring story that refused to go gently. The story now echoes around the world — a musical about the UpStairs Lounge fire recently played in Tokyo, translating the gay underworld of the 1973 French Quarter for Japanese audiences.

When I finished my presentation to the City Council last June, I looked up to see the seven council members in tears. Unanimously, they approved a resolution acknowledging the historic failures of city leaders in the wake of the UpStairs Lounge fire. 

Council members personally apologized to UpStairs Lounge families and survivors seated in the chamber in a symbolic act that, though it could not bring back those who died, still mattered greatly to those whose pain had been denied, leaving them to grieve alone. At long last, official silence and indifference gave way to heartfelt words of healing. 

The way Americans remember the past is an active, ongoing process. Our collective memory is malleable, but it matters because it speaks volumes about our maturity as a people, how we acknowledge the past’s influence in our lives, and how it shapes the examples we set for our youth. Do we grapple with difficult truths, or do we duck accountability by defaulting to nostalgia and bluster? Or worse, do we simply ignore the past until it fades into a black hole of ignorance and indifference? 

I believe that a factual retelling of the UpStairs Lounge tragedy — and how, 50 years onward, it became known internationally — resonates beyond our current divides. It reminds queer and non-queer Americans that ignoring the past holds back the present, and that silence is no cure for what ails a participatory nation. 

Silence isolates. Silence gaslights and shrouds. It preserves the power structures that scapegoat the disempowered. 

Solidarity, on the other hand, unites. Solidarity illuminates a path forward together. Above all, solidarity transforms the downtrodden into a resounding chorus of citizens — in the spirit of voices who once gathered ‘round a white baby grand piano and sang, joyfully and loudly, “United We Stand.” 

(Photo by Philip Ames/Times-Picayune; reprinted with permission)

Robert W. Fieseler is a New Orleans-based journalist and the author of “Tinderbox: the Untold Story of the Up Stairs Lounge Fire and the Rise of Gay Liberation.”

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New Supreme Court term includes critical LGBTQ case with ‘terrifying’ consequences

Business owner seeks to decline services for same-sex weddings

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The U.S. Supreme Court is to set consider the case of 303 Creative, which seeks to refuse design services for same-sex weddings. (Blade file photo by Michael Key)

The U.S. Supreme Court, after a decision overturning Roe v. Wade that still leaves many reeling, is starting a new term with justices slated to revisit the issue of LGBTQ rights.

In 303 Creative v. Elenis, the court will return to the issue of whether or not providers of custom-made goods can refuse service to LGBTQ customers on First Amendment grounds. In this case, the business owner is Lorie Smith, a website designer in Colorado who wants to opt out of providing her graphic design services for same-sex weddings despite the civil rights law in her state.

Jennifer Pizer, acting chief legal officer of Lambda Legal, said in an interview with the Blade, “it’s not too much to say an immeasurably huge amount is at stake” for LGBTQ people depending on the outcome of the case.

“This contrived idea that making custom goods, or offering a custom service, somehow tacitly conveys an endorsement of the person — if that were to be accepted, that would be a profound change in the law,” Pizer said. “And the stakes are very high because there are no practical, obvious, principled ways to limit that kind of an exception, and if the law isn’t clear in this regard, then the people who are at risk of experiencing discrimination have no security, no effective protection by having a non-discrimination laws, because at any moment, as one makes their way through the commercial marketplace, you don’t know whether a particular business person is going to refuse to serve you.”

The upcoming arguments and decision in the 303 Creative case mark a return to LGBTQ rights for the Supreme Court, which had no lawsuit to directly address the issue in its previous term, although many argued the Dobbs decision put LGBTQ rights in peril and threatened access to abortion for LGBTQ people.

And yet, the 303 Creative case is similar to other cases the Supreme Court has previously heard on the providers of services seeking the right to deny services based on First Amendment grounds, such as Masterpiece Cakeshop and Fulton v. City of Philadelphia. In both of those cases, however, the court issued narrow rulings on the facts of litigation, declining to issue sweeping rulings either upholding non-discrimination principles or First Amendment exemptions.

Pizer, who signed one of the friend-of-the-court briefs in opposition to 303 Creative, said the case is “similar in the goals” of the Masterpiece Cakeshop litigation on the basis they both seek exemptions to the same non-discrimination law that governs their business, the Colorado Anti-Discrimination Act, or CADA, and seek “to further the social and political argument that they should be free to refuse same-sex couples or LGBTQ people in particular.”

“So there’s the legal goal, and it connects to the social and political goals and in that sense, it’s the same as Masterpiece,” Pizer said. “And so there are multiple problems with it again, as a legal matter, but also as a social matter, because as with the religion argument, it flows from the idea that having something to do with us is endorsing us.”

One difference: the Masterpiece Cakeshop litigation stemmed from an act of refusal of service after owner, Jack Phillips, declined to make a custom-made wedding cake for a same-sex couple for their upcoming wedding. No act of discrimination in the past, however, is present in the 303 Creative case. The owner seeks to put on her website a disclaimer she won’t provide services for same-sex weddings, signaling an intent to discriminate against same-sex couples rather than having done so.

As such, expect issues of standing — whether or not either party is personally aggrieved and able bring to a lawsuit — to be hashed out in arguments as well as whether the litigation is ripe for review as justices consider the case. It’s not hard to see U.S. Chief Justice John Roberts, who has sought to lead the court to reach less sweeping decisions (sometimes successfully, and sometimes in the Dobbs case not successfully) to push for a decision along these lines.

Another key difference: The 303 Creative case hinges on the argument of freedom of speech as opposed to the two-fold argument of freedom of speech and freedom of religious exercise in the Masterpiece Cakeshop litigation. Although 303 Creative requested in its petition to the Supreme Court review of both issues of speech and religion, justices elected only to take up the issue of free speech in granting a writ of certiorari (or agreement to take up a case). Justices also declined to accept another question in the petition request of review of the 1990 precedent in Smith v. Employment Division, which concluded states can enforce neutral generally applicable laws on citizens with religious objections without violating the First Amendment.

Representing 303 Creative in the lawsuit is Alliance Defending Freedom, a law firm that has sought to undermine civil rights laws for LGBTQ people with litigation seeking exemptions based on the First Amendment, such as the Masterpiece Cakeshop case.

Kristen Waggoner, president of Alliance Defending Freedom, wrote in a Sept. 12 legal brief signed by her and other attorneys that a decision in favor of 303 Creative boils down to a clear-cut violation of the First Amendment.

“Colorado and the United States still contend that CADA only regulates sales transactions,” the brief says. “But their cases do not apply because they involve non-expressive activities: selling BBQ, firing employees, restricting school attendance, limiting club memberships, and providing room access. Colorado’s own cases agree that the government may not use public-accommodation laws to affect a commercial actor’s speech.”

Pizer, however, pushed back strongly on the idea a decision in favor of 303 Creative would be as focused as Alliance Defending Freedom purports it would be, arguing it could open the door to widespread discrimination against LGBTQ people.

“One way to put it is art tends to be in the eye of the beholder,” Pizer said. “Is something of a craft, or is it art? I feel like I’m channeling Lily Tomlin. Remember ‘soup and art’? We have had an understanding that whether something is beautiful or not is not the determining factor about whether something is protected as artistic expression. There’s a legal test that recognizes if this is speech, whose speech is it, whose message is it? Would anyone who was hearing the speech or seeing the message understand it to be the message of the customer or of the merchants or craftsmen or business person?”

Despite the implications in the case for LGBTQ rights, 303 Creative may have supporters among LGBTQ people who consider themselves proponents of free speech.

One joint friend-of-the-court brief before the Supreme Court, written by Dale Carpenter, a law professor at Southern Methodist University who’s written in favor of LGBTQ rights, and Eugene Volokh, a First Amendment legal scholar at the University of California, Los Angeles, argues the case is an opportunity to affirm the First Amendment applies to goods and services that are uniquely expressive.

“Distinguishing expressive from non-expressive products in some contexts might be hard, but the Tenth Circuit agreed that Smith’s product does not present a hard case,” the brief says. “Yet that court (and Colorado) declined to recognize any exemption for products constituting speech. The Tenth Circuit has effectively recognized a state interest in subjecting the creation of speech itself to antidiscrimination laws.”

Oral arguments in the case aren’t yet set, but may be announced soon. Set to defend the state of Colorado and enforcement of its non-discrimination law in the case is Colorado Solicitor General Eric Reuel Olson. Just this week, the U.S. Supreme Court announced it would grant the request to the U.S. solicitor general to present arguments before the justices on behalf of the Biden administration.

With a 6-3 conservative majority on the court that has recently scrapped the super-precedent guaranteeing the right to abortion, supporters of LGBTQ rights may think the outcome of the case is all but lost, especially amid widespread fears same-sex marriage would be next on the chopping block. After the U.S. Tenth Circuit Court of Appeals ruled against 303 Creative in the lawsuit, the simple action by the Supreme Court to grant review in the lawsuit suggests they are primed to issue a reversal and rule in favor of the company.

Pizer, acknowledging the call to action issued by LGBTQ groups in the aftermath of the Dobbs decision, conceded the current Supreme Court issuing the ruling in this case is “a terrifying prospect,” but cautioned the issue isn’t so much the makeup of the court but whether or not justices will continue down the path of abolishing case law.

“I think the question that we’re facing with respect to all of the cases or at least many of the cases that are in front of the court right now, is whether this court is going to continue on this radical sort of wrecking ball to the edifice of settled law and seemingly a goal of setting up whole new structures of what our basic legal principles are going to be. Are we going to have another term of that?” Pizer said. “And if so, that’s terrifying.”

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Kelley Robinson, a Black, queer woman, named president of Human Rights Campaign

Progressive activist a veteran of Planned Parenthood Action Fund

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Kelley Robinson (Screen capture via HRC YouTube)

Kelley Robinson, a Black, queer woman and veteran of Planned Parenthood Action Fund, is to become the next president of the Human Rights Campaign, the nation’s leading LGBTQ group announced on Tuesday.

Robinson is set to become the ninth president of the Human Rights Campaign after having served as executive director of Planned Parenthood Action Fund and more than 12 years of experience as a leader in the progressive movement. She’ll be the first Black, queer woman to serve in that role.

“I’m honored and ready to lead HRC — and our more than three million member-advocates — as we continue working to achieve equality and liberation for all Lesbian, Gay, Bisexual, Transgender, and Queer people,” Robinson said. “This is a pivotal moment in our movement for equality for LGBTQ+ people. We, particularly our trans and BIPOC communities, are quite literally in the fight for our lives and facing unprecedented threats that seek to destroy us.”

Kelley Robinson IS NAMED as The next human rights Campaign president

The next Human Rights Campaign president is named as Democrats are performing well in polls in the mid-term elections after the U.S. Supreme Court overturned Roe v. Wade, leaving an opening for the LGBTQ group to play a key role amid fears LGBTQ rights are next on the chopping block.

“The overturning of Roe v. Wade reminds us we are just one Supreme Court decision away from losing fundamental freedoms including the freedom to marry, voting rights, and privacy,” Robinson said. “We are facing a generational opportunity to rise to these challenges and create real, sustainable change. I believe that working together this change is possible right now. This next chapter of the Human Rights Campaign is about getting to freedom and liberation without any exceptions — and today I am making a promise and commitment to carry this work forward.”

The Human Rights Campaign announces its next president after a nearly year-long search process after the board of directors terminated its former president Alphonso David when he was ensnared in the sexual misconduct scandal that led former New York Gov. Andrew Cuomo to resign. David has denied wrongdoing and filed a lawsuit against the LGBTQ group alleging racial discrimination.

Kelley Robinson, Planned Parenthood, Cathy Chu, SMYAL, Supporting and Mentoring Youth Advocates and Leaders, Amy Nelson, Whitman-Walker Health, Sheroes of the Movement, Mayor's office of GLBT Affairs, gay news, Washington Blade
Kelley Robinson, seen here with Cathy Chu of SMYAL and Amy Nelson of Whitman-Walker Health, is the next Human Rights Campaign president. (Washington Blade photo by Michael Key)
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