September 25,1978 GAYSWEEK 6

Provincetown Judge Drops Sex Rap PROVINCETOWN, MA, August 31 (Provincetown Advocate)-An Orleans judge dropped charges last Monday against a man accused of performing sodomy on the beach in front of Flyer's Boatyard, casting doubts on the Provincetown Police Department's ability to prosecute people for sexual activity on the beach at night. Persons charged with sodomy and committing unnatural acts can only be punished if they are found guilty of performing sex acts in a public place. It is not clear if isolated sections of the harbor beach at night meet the legal definition of a public place.

Patrolman Alfred Sylvia arrested Richard Miner, 38, of Provincetown, and Richard McGrath, 24, of Boston, on June 13. He said he found them engaged in sexual activity underneath an overturned boat at Flyer's Boatyard. He arrested both men and charged them with sodomy and committing an unnatural act.

It is unusual for the police to seek a CONTINUED ON PAGE 17

New Jersey Judge to Continue Porn Hearing

NEWARK, NJ, September 7 (StarLedger)-A hearing to determine if an Ocean County grand jury should probe an alleged pornographic movie-making incident involving X-rated film star John C. (Johnny Wadd) Holmes is scheduled to resume today in Point Pleasant.

Municipal Court Judge Mortimer Rogers adjourned the hearing yesterday

after almost four hours of testimony from Special Police Officer Harry Clark, who testified he observed the film-making process in the New Yorker Hair Stylist Salon on Bridge Avenue.

Holmes, 34, of Los Angeles, is charged with sodomy, open lewdness, possession of

a .45 caliber pistol and possession of less

than 25 grams of marijuana. Two others

are also charged with illegal sex acts and

open lewdness, and 14 other participants are charged with conspiracy to produce and distribute a pornographic film.

Clark testified he noticed "unusual activities" at the beauty parlor on the evening of Sunday, July 23. He said he knew the shop, which is located in a small shopping center, was closed and it was part of his routine foot patrol duty to investigate the activity.

He testified that a man, later identified as Holmes, told him the shop was being used as a film shooting location site. Clark also testified that he spoke to Louis Agrondizza of Brick Township, the shop owner, who assured him everything was "cool."■

Gay Man Gets US

Security Pass

LOS ANGELES, September 8 (ZNS)-In an apparent reversal of previous policy, a hearing officer for the US Department of Defense has granted a security clearance to a defense worker who acknowledges

that he is gay.

The unusual decision has been handed down in the case of a California man, John Eaves, who had requested the security clearance in order to act as a consultant to defense industry firms.

The Pentagon's Industrial Security Clearance Review Office found that Eaves's homosexual activities amounted to what it called "sexual perversion." A review officer, however, found that it was nevertheless "clearly consistent" with the national interest to grant Eaves the clearance.

Eaves's attorney, Jerel McCrary of San Francisco, says that a major reason his client received a favorable determination was his openness about his lifestyle. . According to the attorney, Eaves had previously discussed his sexual preferfriends, thereby making the governence with his employer, family and ment's major contention that he might

reveal classified information to prevent blackmail "completely illogical."

The Pentagon still has 10 days to appeal the decision to a higher appeals

court. ■

California Bar Votes No on Briggs Initiative

SAN FRANCISCO, September 11 (LAT)-By overwhelming voice votes, delegates to the California State Bar convention opposed two initiative measures on the November ballot: Proposition 6, which would permit dismissal or refusal to hire school teachers who publicly engage or advocate private homosexual conduct, and proposition 7, which would expand application of the death penalty.

David Heilbron of the San Francisco Bar Association described Proposition 6 as "a repressive, vindictive and unsound rule of law." He said it "singles out a minority, stigmatizes it and treats it harshly."

Report: Equality Far for Gay Rights OK'd Women, Minority Men Women, Minority Men in Seattle Poll WASHINGTON, DC, September 4 (ZNS)-Despite the women's liberation and civil rights movements in the US, women and minority males are further from equality now than they were in 1960.

This is the conclusion of a 136-page report from the US Civil Rights Commission.

The commission says it analyzed available statistics in areas of education, employment, income, poverty and housing for minorities and women in all areas

of the country.

Among the findings of the report are that educational inequality has actually increased somewhat since 1970. The report found that about twice as many minorities and women are two or more years behind the average grade for their age, compared to white males.

The study also found similarly that a "much higher" percentage of minorities and women continue to fill jobs requiring less that a high school education; and minority and women college graduates still earn less, the report says, than white males with comparable eductaion.

The study also found that minority female-headed families have more than five times the poverty rate of white male-headed families.■

Nude Sunbathers Seek Dismissal

Attorneys representing six persons acSAN DIEGO, August 31 (LAT)— cused of violating San Diego's controversial ordinance against nude sunbathing

will try today to win dismissal of the

charges on constitutional grounds.

Municipal Court Judge Manuel Kugler, at the close of the second day of the misdemeanor trial of the six Wednesday, rejected prosecution efforts to block the constitutional arguments.

Dep. City Atty. James Thomson argued

SEATTLE, August 29 (Seattle Post)The city laws banning discrimination against lesbians and gay men are favored by 66 percent of the citizens here, according to a poll by Citizens to Retain Fair Employment.

The group's co-chairperson, Charles F. Brydon, revealed the survey results yesterday at a meeting in which dozens of community leaders announced their support of the campaign against Initiative 13.

That initiative would repeal the current ordinance banning discrimination in the fields of housing and employment based on sexual preference.

Brydon said the system of polling was set up by an independent group and phone calls to 1200 Seattleites were made by volunteer members of the antiInitiative 13 organization.

He and several other community leaders urged defeat of the initiative at the anti-13 campaign kickoff meeting, which also was attended by about 60 members of a 124-member steering committee composed of prominent citizens here.

"The members were chosen to represent a cross-section of community leaders and they'll be available to us if we need to tap any of their skills,"according to Brydon, who reported that anti-13 campaign contributions thus far total about $30,000.

The Rev. Dr. William B. Cate, president-director of the Church Council of Greater Seattle, said the council "is. deeply concerned with the protection of human civil rights within our society, and had hoped that our city had moved beyond the time when these rights would still be the subject of debate."

Dr. Earl S. Starr, senior rabbi of Temple De Hirsh Sinai, said Initiative 13 vioCONTINUED ON PAGE 17

ERA Extension Foe May

unsuccessfully that the defendants alDrop Senate Filibuster

ready had lost an effort March 23 to get the ordinance declared invalid and should not be afforded a second chance.

Attorneys Michael Pancer and Frank Ragen, representing two of the defendants, apparently convinced Kugler that he should consider the constitutional is-

sues because they could provide the key to the acquittal of their clients.

Kugler, while indicating he will consider arguments that the ordinance violates the rights of the defendants, denied

Chelsea Gay Group Marks First Year defense motions Wednesday to dismiss

with 'Festival and Closet Sale'

NEW YORK, September 18-The Chelsea Gay Association, New York City's first neighborhood-based group formed by and for lesbians and gay men will hold its first annual "Festival and Closet Sale" on Saturday, September 30, from noon to 6 pm, on West 22nd Street, between Ninth and Tenth Avenues.

"All Chelsea residents, members of New York City's gay community, and everyone who enjoys a lively street fair is invited to come out to the Festival," said Don Anderson, the Chelsea Gay Association member who is coordinating plans for the street fair. According to a release issued by the group, the Festival and Closet Sale will feature food, refreshments, entertainment, crafts booths, gift items, flea markets, games, auctions, children's activities, and information. booths sponsored by Chelsea community groups and by New York City gay organizations.

The Chelsea Gay Association will provide space for information booths free of charge to the half dozen Chelsea community groups and block associations that extended their hospitality to the association's "Meet your Neighbors" booth at their spring and summer block parties.

The September 30 Festival and Closet Sale will follow a potluck supper on Wednesday, September 27, marking the first

anniversary of the Chelsea Gay Association's founding. The festival is intended to be a major fundraiser, enabling the group to continue publishing its monthly newsletter and to sponsor regular activities and special events during its second year.

Kathy Casey, a Chelsea Gay Association member who is also active in other community groups, said "The Chelsea Gay Association is unique in that its members function, individually and as a group, as members of both the Chelsea community and the lesbian and gay communities in New York City. Because of the group's close ties and lively activism within each of those larger communities, the festival will be a symbol of our commitment to both of them and an ideal occasion for all of us to celebrate our anniversary with our neighbors and friends who belong to either or both of them." =

the misdemeanor complaints on other grounds.

Pancer argued that the prosecution had failed to establish that Black's Beachwhere the six were cited last November 5-was really a public beach because of its relative inaccessibility.

But Kugler reasoned that Black's Beach-with its dangerous cliffs and lack of roads is just as "public" as wilderness parkland or mountaintops though everyone could not easily take advantage of them.

A large part of the trial day was devoted to prosecution efforts to show that the portion of Black's Beach where the defendants were cited is part of the city of San Diego.

While most of the beach is San Diego of California where the San Diego ordi-

property, a portion is owned by the state

nance would not be applicable, according to a defense theory.

If Kugler does not dismiss the misdemeanor complaints against the six, all members of the Nude Beaches Committee, a jury will have to decide whether they are guilty of violating the ordinance.

The defendants, two women and four men, were cited by San Diego police only days after the San Diego City Council voted 8 to 1 to rescind an earlier sanction of nude sunbathing at Black's Beach.

WASHINGTON, DC, September 14Sen. Jake Carn (R-Utah) says he will call off his threatened filibuster against extending the time for states to ratify the Equal Rights Amendment if ERA supporters will agree to two conditions:

by a two-thirds vote instead of a simple To decide the question in the Senate majority.

That in states that ratify ERA, legislators may later rescind their ratifications.

Garn said he considers these conditions fair since amendments require a twothirds congressional vote when they are first proposed and since state legislators should not be bound by earlier sessions.

If these conditions are not met, Garn said, he is ready to carry out his filibuster threat any time the Senate leadership decides to bring the extension legislation up for debate.

mainly on whether Senate leaders believe Whether that happens will depend they can muster the 60 votes needed to shut off his filibuster, Garn said.

side," he said, "I don't think they have "I'm not sure and neither is the other enough votes at this point to invoke closure."

New Bentley Play Set for Florida Premier

NEW YORK, September 10-Eric Bentley's new play, Lord Alfred's Lover, is slated to have its world premiere this season at the Hippodrome in Gainesville, Florida. The play deals with Oscar Wilde's homosexuality.

The play has been published in the Canadian Theatre Review, Spring 1978 issue. An excerpt from the play appeared in the "Arts and Letters" section of the November 11, 1978 issue of GAYSWEEK.