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Catania: ‘I’m best qualified to be mayor’

Gay candidate asks voters to look at record, ‘not party label’

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David Catania
David Catania, gay news, Washington Blade

‘I see a city that can do better,’ said mayoral candidate David Catania. ‘And I see things that aren’t right and I want to make them right.’ (Washington Blade file photo by Michael Key)

Editor’s note: This is the second of a three-part series profiling the leading candidates for mayor. Last week’s interview with Carol Schwartz is available here. Next week: Muriel Bowser.

 

If he should emerge as the winner in the Nov. 4 mayoral election, D.C. Council member David Catania (I-At-Large) would become the first non-Democrat, the first white person, and the first out gay to become mayor of the nation’s capital since the start of the city’s home rule government in 1974.

Most political observers agree that those are three big hurdles to overcome, and many believe Catania’s status as a non-Democrat may be the most difficult of the three.

But Catania, 46, and his supporters – both gay and straight – argue that a careful assessment of his 17-year record on the City Council would convince voters that he is the most progressive of the three main candidates in the race and a proven ‘good-government’ advocate who’s most qualified for the job of mayor.

“I’m the only one in the race with a progressive record of substance,” Catania said in an interview with the Washington Blade earlier this month.

“And I think that progressive record resonates across all demographics in our city,” he said. “I’ve won five races citywide. I’ve made friends in every corner of the city. And I have delivered for every corner of the city.”

Added Catania, “And when people go into the voting booths they are asking themselves do they want a mayor who can deliver and who has delivered and who knows where he or she is going to take the city. Do they want values or do they want labels?”

Some believe Catania faces another hurdle of overcoming his status as a former Republican in the eyes of at least some D.C. voters. Catania first won his seat on the Council in 1997 as a Republican. He switched from being a Republican to an independent in 2004 when President George W. Bush announced his support for a constitutional amendment to ban same-sex marriage.

Catania again points to his record, dismissing as ridiculous any notion that he would be influenced by the rightward drifting GOP he says he abandoned for reasons beyond Bush’s opposition to marriage equality.

He said his Republican roots stem, among other things, from his childhood upbringing in his mother’s hometown of Osawatomie, Kan., a town in which the abolitionist movement with close ties to the then fledgling Republican Party took hold shortly before the start of the Civil War. Catania notes that the town’s leaders advocated for Kansas to become a free rather than a slave state.

He’s most proud, he said, of his role as author and lead advocate for the city’s marriage equality law that the Council passed in 2009 and enabled same-sex couples to begin marrying in D.C. in early 2010. He says he’s also proud to have authored a transgender rights measure that requires the city to issue a new birth certificate for people who transition from one gender to another.

Other city measures he authored and played a key role in shepherding through the Council include the city’s medical marijuana law and the “smoke free” law banning smoking in most places of employment, including bars and restaurants. During his 10-year stint as chair of the Council’s health committee, Catania is credited with pushing through major reforms in the city’s AIDS related programs, boosting the city’s program for providing medical insurance for low-income residents and children, and preventing United Medical Center, the city’s only hospital serving residents east of the Anacostia River, from closing due to financial problems.

Catania’s two main rivals in the mayor’s race – Council member Muriel Bowser (D-Ward 4), the frontrunner in the race according to latest polls, and former Council member Carol Schwartz, a Republican turned independent, argue that their own records and accomplishments make them the best suited to be mayor.

Bowser has said she is reaching out to all voters, even though her campaign emphasizes she’s the Democratic candidate who’s been endorsed by President Obama. With more than 76 percent of the city’s voters registered as Democrats, most political observers consider Bowser to have a significant advantage.

Catania supporters, including his large cadre of Democratic supporters such as former Council member Sharon Ambrose (D-Ward 6), point to what they say are strong signs of voter dissatisfaction with the status quo of D.C. politics.

The indictment of three City Council members in recent years on corruption-related charges and the investigation of Mayor Vincent Gray for the illegal “shadow” campaign linked to his 2010 election have changed the way voters view their elected officials and candidates, many political pundits have said.

Catania backers, noting that two of the three indicted Council members were Democrats and the other had strong ties to the Democratic Party, have said voters are ready to break from the past trend of electing only Democrats as mayor.

“I’m clearly the anti-establishment candidate,” he said. “In this city we have a machine and I don’t want to be a part of that machine…I want to see things that aren’t right and I want to make them right.”

Catania has been endorsed by a number of organizations his supporters consider to be progressive, including the Sierra Club and the Gay and Lesbian Victory Fund. He received a +10 rating from the Gay and Lesbian Activists Alliance, the group’s highest possible score.

The Blade interviewed Catania for this story on Oct. 6, the day the U.S. Supreme Court cleared the way for same-sex marriage to become legal in several new states.

 

Washington Blade: There’s breaking news this morning from the Supreme Court, which refused to take on the same-sex marriage cases from several states, including Virginia. It appears that same-sex marriages can begin in Virginia as soon as today. What is the significance of that as you see it?

David Catania: It’s breathtaking – the scope and pace of change with respect to marriage equality today. I’m reminded that on this day five years ago on Oct. 6 of 2009 is when I introduced the marriage equality legislation in the Council. So we’ve come a long way in five years. It’s a pleasant coincidence that the Supreme Court would deny cert for these many circuits on the subject of marriage equality on the same day that marks the introduction of marriage here. We’ve come a long way.

 

Blade: How do you see D.C. fitting into all of this?

Catania: What’s interesting is that in 2014 a lot of people kind of jumped on the marriage bandwagon. But I remember laying the foundation for this work in 2008, when many of the individuals who have been involved in advancing LGBT rights in the city were not sold on the timing of my introduction and the strategy that we took. But I took a very purposeful strategy starting in November of 2008 that ultimately culminated in the introduction in October of 2009. It was a very deliberate, very focused effort to get people, to get the community galvanized, to get the community on board with the notion of inevitability to bring the various leaders in the community together, to bring the religious community together with the LGBT community.

We got very lucky. A whole series of events made it possible for us to go forward. I want to say that I think often about Frank Kameny. And it’s a name I hope we don’t forget. And I think of him in particular as the father of the movement here in so many ways. Now there have been so many others. I don’t want to suggest him at the exclusion of others. But as far as me personally, Frank Kameny played a big role in my thinking toward how we were going to capture our equality.

 

Blade: With that as a backdrop, why are you running for mayor?

Catania: Well, for the last 17 years I’ve gotten up every day with an incredible sense of urgency, and I’ve run toward the city’s problems. And I’m running for mayor for the same reason I ran for Council in 1997. I see a city that can do better. And I see things that aren’t right and I want to make them right.

That’s what I’ve spent my career doing. And globally it’s a city that has strong enduring fundamental strengths. But we haven’t really lived our values. Our values – our common values as a city – where after 17 years having been in every corner of the city I can tell you as a city we have common values that are deeply American values. We believe in opportunity. We believe in fairness. We believe in playing by the rules. And yet our government very often falls short of those values. I think we need a government that is as good as we are, as good as our values. And that’s why I’m running.

I’m the only one in the race that candidly has a record of delivering for people. So my principle opponent is trying to encourage people to be for her because of her party label. And it’s hard to see any evidence that she advanced the ball on behalf of the people in our city.

You know, I can look at without question having the most progressive record in this race, regardless of label. My values are in line with the residents of our city. I have the most progressive record without fail in this race – having authored marriage equality, having authored medical marijuana many years ago before that was an easy thing to do.

My work as the chairman of the Committee on Health – we made some historic progress in this city. We cut the rate of uninsured in half through improvements in our publicly funded system and targeted expansions and eligibility. We went from 12.8 percent uninsured to 5.9 percent — the second lowest rate in the country — 3.2 percent for children — the lowest rate in the country.

You recall the HIV/AIDS crisis that I inherited in 2005, when we were compared to Third World countries, where we had an epidemic three times the rate of a World Health Organization epidemic, where we weren’t paying vendors. It took us a year to pay vendors. We had a pile of money in the bank and a wait list for HIV drugs. There was very limited testing, etc.

And you know through force of will and very tight and focused management and oversight – we had weekly hearings of the HIV/AIDS Administration early on to turn this around. We cut our new infections in half during my eight years and deaths by 69 percent.

I’m the only one with a record of touching the lives of people who live east of the Anacostia River. My opponents can’t point to a single thing for a quarter of our city that lives east of the Anacostia River. And my work to cut the rate of the uninsured in half had a profound impact.

The community legislation I wrote in 2006 secured ties to our tobacco settlement and produced $240 million in capital. The largest investment in primary and acute care in our city’s history was under my leadership, including a $100 million investment in United Medical Center to turn that hospital around. It includes a Children’s National Medical Center run pediatric emergency room on that site that sees 40,000 kids per year.

I think these are historic initiatives that give people an understanding of things I care about and my approach to issues and so on.

 

Blade: As you know, some of your critics are saying that along the way during the oversight hearings you held on a lot of these issues, including hearings on HIV/AIDS matters, you have been too abrasive in grilling the government officials who came before your committee. On the other hand, others have said they were glad you did that because some of the unresponsive bureaucrats needed a verbal kick in the pants. How do you respond in your own words to the criticism that your temperament may be a little too harsh?

Catania: You know I think you should look at some of the people that were before me during those early years and see where they are now. Among my biggest supporters and contributors were the people who were on the other side. People like Shannon Hader and Dr. Pane, who was the head of the Department of Health. During this entire period Shannon Hader who was the head of the HIV/AIDS Administration – Dr. Feseha Woldu, who was the longest serving [D.C.] deputy director of health. If you look at actually the people that I worked with, they’re among my biggest supporters because they appreciated that what I was doing was breaking logjams in the entire government.

It wasn’t focused at the person at the table. It was focused at the entire organization. And, you know, like it or not we went from an epidemic that was uncontrolled and unresponsive to one where we have among the best data and research analysis in the country with our annual epidemiology report. What we don’t have are waitlists for HIV/AIDS drugs, where we went from 8,000 to 138,000 publicly funded [HIV] tests. We went to a factor of 10 increase in publicly distributed male and female condoms. We improved the infrastructure of primary care facilities across the city. We engaged primary care physicians on how to broaden their practice of treating the epidemic – and on and on and on.

And governing isn’t easy. This is not a garden party. This is about marshaling resources. It’s about constructing accountability plans; it’s about pushing people until you get the results that our residents deserve.

 

Blade: Some of the Bowser supporters are saying you’re taking credit for some of the things that a lot of other people played a role in. Concerning the decline in the number of AIDS deaths they say it was due to the availability of improved drugs nationally that became available.

Catania: Well it’s interesting that Muriel Bowser in seven years on the Council has never mentioned HIV/AIDS once – not once. Obviously she has not mentioned or introduced a single measure on the subject. But she’s not even mentioned the subject once.

 

Blade: Do you mean while in a Council meeting?

Catania: Ever — I have never heard her — there’s no introductions, there’s no proposals, there’s never been any leadership at all from Muriel Bowser on the subject of HIV/AIDS…She’s had seven years on the Council and has done nothing but platitudes on anything, including HIV/AIDS. And so people have to decide for themselves. Look, I’m offering myself as a leader who took the city from an epidemic and vastly improved the response by government…

 

Blade: Some in the community are saying that Carol Schwartz, Muriel Bowser and David Catania are strong supporters of the LGBT community and they’re strongly committed going forward to do what they can. So therefore there is no real difference between the three of you on those issues so they should vote based on non-LGBT issues. What do you say to that?

Catania: Well I think people should vote on non-LGBT issues, of course. I think people should vote on the person they believe has the best record and experience and values to secure our future. But there’s a difference between rhetoric and record. In this race, only one of us championed marriage equality. Only one of us has introduced measures to secure the rights of the transgender community with the Deoni Jones Birth Certificate Equality Act. Only one of us candidly has employed a person who happens to be transgender. Only one of us has talked in a substantive way on HIV/AIDS through legislation.

So it’s one thing to rhetorically say I’m supportive of the community. But then when you actually look and see what has the person done? What is the record? That is a very different conversation than rhetoric.  And if people are satisfied with empty gestures and rhetoric — that’s one thing. But I think an empty gesture and rhetoric doesn’t tackle HIV/AIDS. An empty gesture of rhetoric doesn’t secure marriage equality or secure the rights of the transgender community. Empty gestures and rhetoric don’t do anything. They don’t accomplish anything substantively that changes the lives of everyday people – records do.

 

Blade: Can you tell a little about your background growing up in Kansas, your early years in Washington and what you did before you ran for public office? Was it Kansas or Missouri?

Catania: I spent time on both sides of the state line. I was born in Kansas City, Missouri. But I spent time on the Kansas side and the Missouri side. My mother is from a small town in Kansas – Osawatomie. And I spent my summers when I was younger there in my mother’s hometown. And went to middle school and high school – most of my schooling was on the Missouri side. And then graduated from high school and came to Georgetown in the School of Foreign Service in 1986. I graduated in ’90 and took a year off from school then into law school also at Georgetown.

 

Blade: It’s widely known that you started out as a Republican in your earlier years and you dropped your Republican affiliation in 2004. Can you respond again to the critics who are saying now that you should be viewed suspiciously because you may still have a Republican philosophy that may be at odds with the best interests of D.C.?

Catania: … I think most reasonable people see my record – they see a couple of things. They see I left the party 10 years ago. And they see the fact that in my 17 years on the Council before and after I left the party I have a totality of a record that’s the most progressive record in this race.

It’s so progressive, in fact, that the most progressive governor in this country, Pete Shumlin (D) the governor of Vermont, supports me and endorsed me last week. Now why would the most progressive governor in the country endorse me if I were somehow at odds with his value system? And let’s talk about that endorsement. Unlike many people who get an endorsement because of party affiliation where it’s obligatory, Pete Shumlin and I worked together for over a decade. He was in the Senate in Vermont and I was obviously a member of the Council here.

And I chaired this national legislative association on prescription drug prices. And we would see each other throughout the year – quarterly visits – sometimes more. And for 10 years we worked on a whole host of issues that were ultimately folded into the Affordable Care Act.

So this is a person who knows me inside out for 10 years and he has endorsed me and essentially has told the residents of this city that I have the most progressive democratic values in this race…

It is true that I was a Republican until 2004. The Republican Party that I grew up in and grew with is a very different party than it is now and a different party than it was in ’04. I was active in the party in part because I wanted to bring it toward the center and I wanted to make it relevant for issues that people in cities confront.

And as a result I worked with the Republican Main Street Partnership and fought with Congressman Steve Gunderson who came out [as gay] and then left Congress. And we were looking at how we can improve and broaden the party’s base and be more moderate. And ultimately we weren’t successful. And it was made clear to me that I wasn’t going to be successful in that effort when President Bush announced the amendment to ban same-sex marriage.

And so that was the straw that broke the camel’s back. It wasn’t the only issue. It was a long series of issues. And I invite you to talk to my ex – Brian Kearney. He went with me – when we went to Crawford [Texas in 2003] it was for a particular purpose. It wasn’t to fawn on the president. It was to raise issues that relate to cities. It was to talk about LGBT issues, to talk about housing and cities. And it was to have a voice at the table. In order to have a voice at the table with these kinds of leaders you have to do things like raise money. And you hope that once you have a voice at the table you can moderate and change the party. I tried it. It was unsuccessful. But that was 10 years ago.

 

Blade: On some of the issues that will be coming up, you have said you will not say whether you will retain the public schools chancellor and the police chief until after the election. Is that your position?

Catania: We haven’t had an election. I think engaging in personnel items before an election is premature. Where does it end? I for one think the respectful thing to do is – these individuals presently have a boss. There’s no successor until there’s an election. And their boss is the mayor.

Look at the public safety issue. I have a great deal of respect for Chief Lanier. And I called her after I received the endorsement of the FOP [D.C. police union] and I said I want you to know that once I’m elected I hope you and I can sit down and talk about your future here because I have a great deal of respect for you.

All indications, of course, are why would I not keep her? I told her look you’re the chief of police. The mayor is your boss. And to have candidates compete for you or to have these conversations in the meantime I think it clouds the chain of command.

And the same is true for the chancellor. I’ve had a great relationship with her. I look forward to talking to her after I win on the issue of whether she is willing to stay and under what terms and conditions is she willing to stay? I just think these discussions before an election are premature.

 

Blade: In terms of the chief, you may know, there has been some friction among some in the LGBT community and the chief ever since she was appointed by Mayor Fenty over the Gay and Lesbian Liaison Unit. The head of the police division that oversees the GLLU was just transferred after a member of the GLLU filed a complaint against him for calling him Justine when his name is Justin. If you were mayor how would you handle a situation like that? Even if you didn’t want to replace the chief do you see yourself playing some role in departmental policies?

Catania: The mayor is not going to be getting into and should not be getting into issues like who should be the 8th grade biology teacher…There are certain things where you hire good people and you trust their judgment. When they give you reason not to trust their good judgment you have conversations with them going forward. Without knowing the whole detail I’m not going to comment on this particular issue.

But I think it’s safe to say that if the chief has a member of the LGBT community as the mayor the chief will be particularly sensitive of the LGBT community, among others – not exclusively obviously but I think it will color the way in which this issue is handled. Going forward obviously there will be zero tolerance of violations of our city’s Human Rights Act.

 

Blade: You’ve been asked this before. Everybody familiar with the city knows we’ve never had a non-Democratic mayor, we’ve never had a white mayor, and certainly we’ve never had an out gay mayor. So you have a number of what some say could be hurdles to go through. Do you see the demographics of the city changing so these hurdles could be overcome?

Catania: I think the people want the best mayor. I think the majority – there will always be people who have points of view who can’t check their prejudice. I think the majority of the people want the best mayor. And so they want a mayor with experience and values and vision. I have a 126-page vision statement that goes into detail about how I intend to lead our city and the priorities that I have for the city.

I’m the only one in the race with a progressive record of substance. And I think that progressive record resonates across the board with all demographics in our city. I’ve won five races citywide. I’ve made friends in every corner of the city. And I have delivered for every corner of the city. And when people go into the voting booths they are asking themselves do they want a mayor who can deliver and who has delivered and who knows where he or she is going to take the city? Do they want values or do they want labels?

This is an election where my record contrasts with my opponents’ rhetoric. And of things that matter to your readers, on more things than not, I think they are more closely aligned to me than they are my opponents. I’m appealing to all voters. And we have support from all voters…

And I think people are kind of sick and tired of the machine in this city. And it’s a machine that has governed this city to its own benefit that has given up on the idea of ideas and governs by trying to cajole people in some instances and intimidate them in others to vote for their candidate. And I think people want a fresh start. They want a new leader, a leader with vision, a leader who has done things on their behalf.

And I think it would be historic just as it was historic in 1997 when I became the first openly LGBT member of the Council. That was historic. I think people thought, ‘Oh gosh he’s going to be the openly LGBT Council member.’ And we dispensed with that notion quickly and people saw me as someone who is a fighter for the people of our city across demographics, across the city. And that’s exactly the kind of mayor I’ll be.

So any time you take on the establishment – and I’m clearly the anti-establishment candidate. I am clearly not part of this machine, nor have I ever been nor would I ever aspire to be a part of the machine. That’s not meant to be pejorative to a particular party. It is in this city we have a machine and I don’t want to be a part of that machine. I want to see things that aren’t right and I want to make them right.

 

Blade: You’ve said in the past that your upbringing in Kansas played some role in you becoming a Republican. Can you tell a little about that?

Catania: I grew up playing in the John Brown State Park. We were all very proud of the abolitionist tradition, the Lincoln Republican tradition. It was deeply embedded in who we were. But it was a different party than the one that exists now and existed 10 or 12 or over 20 years ago. If you’re from a small town and you’re deeply part of that – the roots of that community, you know, it’s hard to let go of those roots and those labels.

I grew up with labels that were extraordinarily progressive – I mean the values that were extraordinarily progressive…

And so my mother’s hometown was a very proud tiny community that has a history that was hard to let go of. And that’s why maybe I worked so hard to try to make the party what it represented to me as a child and as a young person.

But again, I’ve had a pretty incredible life. How many kids can come from a single mother without a 10th grade education as a gay person? And all these other things people look at as barriers I look at as opportunities – and to come and stand before and be a serious candidate to lead their nation’s capital – it’s a miracle, it’s a miracle.

And so I am an eternally optimistic person. So when people try – I mean who as a gay person, who among us – we have all been tormented. So there are people in our community and some who will try to torment me one way or another. But I’ve been tormented for a good part of my life and I used that as a fire – candidly – to see things that are wrong and try to make them right.

So you know passion and anger – not in a mean-spirited way – but passion and anger are necessary components of great leaders. You cannot – unless there is that eternal fire in the belly – that quest to make things right that sustains you in good times and in bad.

And so you ask how are you going to win? You are all of these things. You are a duck-billed platypus and you’re all this other stuff. People who view me through those lenses miss what America is. The vast majority of the people in this city understand what America is. They will judge me on myself and my record and can they trust me and have I delivered for them.

 

Blade: When you mentioned being tormented in your younger years did you mean anti-gay bullying and that sort of thing?

Catania: Well listen, no more than anyone else. I mean all of us have been called faggot. If you can find a gay person in their 50s or 40s in this country that hasn’t been called a faggot or worse – but it’s how you respond that matters. And my life made me stronger. It made me what I am.

 

Blade: Can you respond to the issue that Carol Schwartz has been raising in the recent debates – that your decision to work in outside jobs during your tenure on the Council at a law firm and later with a construction company that has city contracts are problematic.

Catania: I’m not responding to her in particular. But I think what we’re doing is we’re hiring this city’s mayor. We’re hiring a mayor, a chief executive. And I think it’s absolutely necessary to look at the totality of our experiences. Until the end of 2012 I was vice president of corporate strategy for one of the most innovative, fastest growing design build companies in the East Coast – 3,000 employees and 30 offices around the world.

And I was responsible for everything from compliance to legal affairs to organizational development. And so as you look at the candidates and say, ‘Oh gosh, who here can run an $11 billion outfit, which is the size of our government of 30,000 employees? Who here has a clue as to actually running a government or to run an organization?’ And I’m the only one in this race who has done it.

Let me give you an example as to why it’s important. One of the things I was responsible for – and I mention this all the time on the campaign trail – I was responsible for organizational development. The tenets of how you build a great organization are these. It’s how you recruit your workforce, how you educate your workforce, how you evaluate your workforce, how you promote your workforce, how you retain your workforce. In other words building a great organization is indispensable if you intend to accomplish anything. You simply can’t take a disjointed, dysfunctional entity and expect it’s going to deliver once you make a pronouncement.

Neither of my principal opponents have ever been part of running an organization, let alone a multi-national organization with 3,000 employees where we had to get up every day and make sure we were meeting our customers’ needs and we were being innovative and creative and competitive.

As far as I’m concerned, I would take my experience that includes everything from water projects in Panama to cyber security in Europe – I would take my experiences and I would think they would apply quite nicely when it comes to running a government.

Now in campaigns people always try to take cheap shots. The fact is the company I worked for – the contracts it had were always less than 2 percent of the company’s total contracts – always. They were always competitively bid. I recused myself from all matters involving the contracts – votes and otherwise. So trust me, if anyone had any goods on me picking up the phone on behalf of that company — that would have been dimed out long ago.

Carol says, ‘Well our budgets include the money.’ That’s true. We do approve budgets. But then we do contracts on how we spend them. And on those contracts I recused myself at every time.

But I had a top-secret security clearance with this company. I went through a thorough investigation by the National Industry Security Program that gave me a top-secret security clearance. I was up to my elbows in national security issues because of the work we did with our government contractors. The notion that the company would lose the livelihoods of 3,000 people for a contract in this city or to do anything nefarious is just a joke. So I am really not responding to that.

I have the experience and the values and the vision to secure our city’s future and I intend to be the next mayor of this city. And I think having an LGBTQ mayor is a very powerful international symbol because it’s a symbol of what America is. We are a place where there is equality of opportunity – where there is fairness when people play by the rules. I intend to be the mayor of our city. I intend to be an LGBTQ symbol. And I intend to use my office to point out things that are wrong in this world.

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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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