August, 1989

GAY PEOPLE'S CHRONICLE Page 3

"This nightmare is almost over'-Karen Thompson

On June 12, Sharon Kowalski, who was in a car accident in 1983, was moved to Trevilla of Robbinsdale, an extendedcare facility near Minneapolis that provides rehabilitation and transition to less structured care for brain-injured people. The move is the first step in the rehabilitation plan recommended by Kowalski's therapists at the Miller-Dwan Medical Center in Duluth, as reported to St. Louis County District Court Judge Robert V. Campbell.

Everything is set for a secure future

for Karen "

Meanwhile, Sharon's father, Donald Kowalski, has requested that he be removed as her guardian.

"Everything is set in place for a secure future for Sharon," said Tacie Dejanikus, co-chair of the National Committee to Free Sharon Kowalski.

"With Sharon's move, we have substantially completed the agenda around which we organized in 1987. Sharon is getting good rehabilitation. She has contact with Karen Thompson and her other friends. She has returned to the Minneapolis area, where she had made her home.

"We've promoted the book Karen wrote with Julie Andrzejewski, Why Can't Sharon Kowalski Come Home?, to get the facts of the case out to the public; and, as a bonus, Donald Kowalski will be replaced as guardian.

"We're proud of what we've accomplished."

Continued from Page 1

For sale

she feels good about her decision. "I feel like I've accomplished a lot here. I've gotten the store known in the community. I've been out there at the events, and I feel real good about that." She also feels that someone with some extra cash, and new ideas might help the store to flourish even more.

Malicky would like to see Another State of Mind thrive long after her departure. She stressed repeatedly how important she felt it was to keep the store in business.

She thinks a collective would do well in running the store. And, she would like to see some men involved in the owner-

Kowalski, 32, had been moved to Miller-Dwan by Campbell's order in January for a period of rehabilitation and further evaluation. Her father had kept her in a nursing home in Hibbing since 1985.

While there, she received little rehabilitation and was barred from seeing any visitors not approved by her father. Although he became her guardian in 1984, only in September 1988 did she receive full competency tests, which are required at least annually by Minnesota guardianship law.

Kowalski's tests and the subsequent beginning of her rehabilitative care were ordered by Campbell after a motion for Kowalski's restoration to capacity was filed by attorneys for Karen Thompson.

Since 1984, Thompson, Kowalski's partner, has been pursuing legal action for proper medical care for Kowalski, as well as for her right to choose her own visitors. The tests and care program were vigorously opposed by Donald Kowalski, who tried to appeal them. Thompson and Kowalski, separated since 1985, met again on Feb. 2.

Sue Wilson, Thompson's attorney, said Donald Kowalski has asked Campbell to terminate his guardianship of his daughter, "because if he can't do it his way, he doesn't want to do it." Campbell has said he will not appoint Thompson as guardian. His selection of a third-party guardian is pending.

Thompson praised the work of the national committee. "The committee has achieved a great deal," she said. “Any further areas of question in Sharon's future can be hammered out by my lawyer in court. This nightmare is almost over, and Sharon and I can be free to determine what the future holds for us."

Before moving to Trevilla, Kowalski spent several weeks at the Ebenezer Caroline Center in Minneapolis, awaiting a vacancy at Trevilla.

In their September evaluation report, the Miller-Dwan doctors wrote, "Ms.

ship. Most of the store's support has come from women. Malicky thinks male involvement could help introduce more men to the store.

Malicky plans to learn a trade in the printing and publishing business in Nashville. Although she probably will be gone for at least several years, she might be back someday.

Malicky wants to see Another State of Mind continue as a resource for our community. If the store is sold, the buyer will acquire the inventory, fixtures, goodwill and some help from Malicky.

An exorbinant profit is not Malicky's first priority. The store is priced with success for the new owner in mind. Malicky would like to see owners have • enough financial resources to work with. Interested individuals should contact Linda Malicky at 521-1460.▼

DEBRA L. DUNKLE, A.C.S.W.,L.I.S.W.

CLINICAL SOCIAL WORKER

ANDREW PETER BEEBE, Ph.D.

PSYCHOLOGIST

AND ASSOCIATES

a lesbian and gay psychotherapy practice

12429 Cedar Road, Suite 23 Cleveland Heights, Ohio 44106

216/229-2100

Kowalski's level of social and psychological well-being is quite low related to the difficulty of the social situation as well as the chronic nature of her placement in a nursing facility."

Their medical report, presented to Campbell in March, recommended that Kowalski be moved immediately to Trevilla. While there, they wrote that Kowalski should prepare "to maximize independent living skills by completing the Transitional Living Program at Courage Center." Finally, they recommended that her ultimate goal be "to return to pre-morbid home environment."

The cover letter to Campbell from Dr. Matthew Eckman stated, "We believe Sharon Kowalski has shown areas of potential and ability to make rational choices in many areas of her life. She has consistently indicated a desire to return home, and by that [she] means to St. Cloud to live with Karen Thompson again."

Donald and Della Kowalski have refused to attend any medical or legal meetings regarding their daughter's care since they saw the March report.

While at the Caroline Center, Kowalski participated for the first time in a medical staffing conference about her care, and received a pass to attend a barbecue with Thompson and other friends. It is expected that her medical team at Trevilla will be aggressive in recommending further activities that allow her to leave the facility.

Between October 1987 and June 1989, the National Committee organized National Free Sharon Kowalski Day on August 7, 1988, a celebration of Kowalski's 32nd birthday involving nearly 2,000 people in 21 cities. The organization linked 17 local Free Sharon Kowalski committees into a national network.

It also brought the case to the attention of the national media, resulting in extensive coverage, including articles in

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Family

and commitment given by Branchy to Blancher." Bar's decision was overturned on appeal, but upheld in New York's highest court. In the court's opinion, Judge Vita J. Titone wrote that protection against eviction "should not rest on fictitious legal distinctions or genetic history." He also advised other judges to consider:

The "level of emotional and financial commitment."

. "Exclusivity and longevity" of a relationship.

• How a couple has "conducted their everyday lives and held themselves out to society."

• The "reliance placed upon one another for daily family services."

"This decision marks the most important single step forward in American law toward legal recognition of lesbian and gay relationships," said William G. Rubenstein, staff counsel to the American Civil Liberties Union who argued the case for Branchy.

"Because these [above] factors are generic in nature, the court's ruling will benefit not only gay couples, but all

pcople who live in committed family relationships throughout society," Rubenstein said. "For instance, low-income and elderly families which may not have the financial ability to formalize their relationships because of economic barriers to divorce and adoption, will now be protected by law."

the New York Times, Washington Post, St. Petersburg Times, Los Angeles Times, and New York Newsday, and reports on National Public Radio, CBS This Morning and West 57th Street.

On June 18, at Washington, D.C.'s gay pride celebration, the committee received the "Matter of Pride" award for service to the lesbian and gay community.

The national committee reiterates that the story of Sharon Kowalski represents a powerful lesson about the need for all couples who choose not to marry or who do not have legal access to marriage to create durable power of attorney documents for their own protection.

Sharon Kowalski may receive cards, flowers and the like at Trevilla of Rob-

"We're proud of what we accomplished

binsdale, 3130 Grimes Ave. N., Robbinsdale, Minn. 55422.

For more information, contact Karen Thompson at 3670 Furlong Circle, Clearwater, Minn. 55320.

Nan D. Hunter, director of the ACLU's Lesbian and Gay Rights Project, said, "The court's decision will have a tremendous impact on how 'family' is interpreted in a wide variety of legal contexts. This case opens the door for gay couples to argue for equal access to any benefits that are granted to family members, [such as] insurance benefits, bereavement leave . . . and hospital visitation privileges."

Evan Wolfing, staff attorney for Lambda Legal Defense Fund, which submitted amicus briefs in the Branchy case, sees the decision as a tremendous precedent for other legal issues arising between gay couples. "The name of the game is to apply analogous facts and situations to the next situation. Here, the court defines 'family' to include gay couples." ▼

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