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GAY PEOPLE'S CHRONICLE September, 1989

INSIDE THE WASHINGTON LOBBY

Civil rights protection on the horizon?

by Chai Feldblum and Laura Markowitz

Most civil rights protection thus far for people with AIDS and HIV infection has come through laws that prohibit discrimination on the basis of handicap or disability.

For example, almost all of the AIDS and HIV non-discrimination cases in recent years have been brought under section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap by entities that receive federal funds.

And last year's Fair Housing Amendments Act, which prohibits landlords and owners from discriminating against people with AIDS or HIV, simply states in the law that discrimination on the basis of handicap is prohibited.

The fact that protection has come on the basis of handicap or disability has sometimes seemed odd to people with AIDS and HIV. There is a growing movement among people with AIDS to affirm life and not to dwell on the negative aspects of their illness. Some PWAS do not identify with the concept of "disability” because they believe such a term or concept is disempowering.

It is important to remember that "disability" is simply the legal term that defines protection conferred by the law. It explains the basis on which an employer or service provider may not discriminate against a person with AIDS or HIV. It does not reflect the way one lives one's life or undermine the movement to affirm life and to reject giving in to the disease on a personal level.

On May 9, the Americans with Disabilities Act of 1989 (ADA 89), one of the most important pieces of legislation this year for people with AIDS and HIV, was introduced in Congress. The bill expands civil rights protection for people with disabilities in private employment, businesses and services, transportation and communication.

In short, under this law, no one may refuse to hire someone or serve someone because of his or her disability, and all new buildings constructed with private funds must be physically accessible to people with disabilities.

So far, there has only been one bill passed that protects people with disabilities in the private sector. As noted, last year's Congress amended the Fair Housing Act to extend protection to all people with disabilities in the area of private housing.

A forerunner to ADA 89 was introduced last year by Sens. Lowell Weicker (R-Conn.), Tom Harkin (D-Iowa) and Edward Kennedy (D-Mass.), and Reps. Tony Coehlo (D-Calif.), Major Owens (D-N.Y.), and Henry Waxman (DCalif.), among others. It was an expansive bill, including requirements for retrofitting, within a short period of time, all facilities currently in existence to make them physically accessible to people with disabilities. It would have been an expensive bill to implement, and by January 1989 it was clear that there was significant opposition to the bill.

Four months of intense discussion, debate and negotiation ensued among the disability community, with the Consortium of Citizens with Disabilities, a coalition of disability groups, playing a major role. AIDS advocates, particularly the ACLU AIDS Project, also were significantly involved. The end result is a bill

that offers strong protection for people with disabilities but also is flexible.

AIDS advocates had two concerns during the process. The first was to make sure that people with AIDS and HIV infection remained covered under the bill. The second was to make sure that the overall provisions of the bill, which would benefit people with AIDS and HIV as well as people with other disabilities, were clearly written and legally sound.

Hearings were held in the Labor and Human Relations Committee of the Senate, co-chaired by Kennedy and Harkin. The hearings highlighted problems that exist for people with disabilities. For example, a foster mother described how, when her child died of AIDS, 26 funeral homes in Maryland refused to prepare the child's body for burial.

After the committee approves the bill, it will be sent to the Senate floor. Amendments may be offered, in both committee and on the floor, that will try to dilute the protections of the bill or strike out categories of people who are covered.

On the House side, ADA 89 was introduced by 50 members of Congress including Coehlo, but on May 27 Coehlo resigned. Coehlo, himself a person with epilepsy, was enthusiastic about the bill and his support will be missed. The House has four committees that have jurisdiction over the bill, so it may take some time for hearings to be completed.

Chances for ADA 89 are good. There is strong bipartisan support for the bill and President Bush has noted his support for a bill of this kind. Even the business community, from whom one would normally expect vigorous opposition to this kind of legislation, is officially stating that it supports the basic principle of the

Businesses, bars help Dancin'

by Steven Hurt

The unsung heroes that made Dancin'

in the Streets '89 such a great success are resting now from their long months of planning and implementing this recent gay festivity.

Many individuals donated their time, but area businesses and local bars did their share.

Jeff Swindler, treasurer of the Health Issues Taskforce, said, "Most of the bars gave either money or some other kind of support. We had lots of donations. For example CBC, the 32nd St. baths donated money for tents. Numbers donated money for the cost the street decorations. Keys and Over the Rainbow provided money to cover the cost of the soft drink stand. Legends and Memoirs gave $500 toward the airfare expense of the grand prize.

"However, I recall that the Ritz gave no money and sponsored no part of Dancing in the Streets '89. All the other bars donated something except for the Ritz, though all were contacted by HIT staff. HIT members solicited area bars with a list of items that HIT wished to have donated. Bars were asked to choose the items that appealed to them, and most responded with generosity," said

Dykes to Watch Out For

HELL HOUSE

9898 AWSON BECHDEL

UGH!

(58)

AFTER

AFTER AN EXHAUSTING DAY IN THE SHAKE PIT OF ACADEME. OUR INTREPID PH.D. CANDIDATE GINGER RETURNS TO THE SISTERLY BOSOM OF HER COLLECTIVE HOUSEHOLD FOR RESPITE AND SUSTENANCE

YEAH I GUESS THAT LASAGNE GAVE IT

AN ODD TEXTURE

Swindler.

Nearly $42,000 was raised and about 4,500 people attended. After expenses were paid, more than $30,000 remained for use by HIT.

HIT will use this money to qualify for matching grants from various foundations, such as grants from the Ohio Department of Health, from the Midwest Hispanic Aids Taskforce and from the Cleveland Aids partnership program, which is funded by the Cleveland and Ford foundations.

Revenues from Dancin' in the Streets '89 also pay for copying, utilities and rent for the HIT offices.

HIT also uses this money to operate and train its speakers bureau. The bureau consists of medical experts, trained amateurs, nurses, HIV-positive members and peopel with AIDS. The more than 40 speakers in the bureau talk to churches, elementary schools, high schools and other groups.

The raffle was sponsored by many Cleveland-area businesses that donated services and products.

Zak Haley, director of the raffle and a member of the Dancin' in the Streets Steering Committee, said the raffle

AM I BEAT! I CAN'T WAIT TO COLLAPSE IN FRONT OF MTV WITH A HUNK OF REHEATED LASAGNE!

OH, SPARROW! NOT THE PLENTY OF LASAGNE! NOW WHAT SOUP HERE GRAB AMI GONNA EAT?! A BOWL

DIGGER! HOWS MY GIRL? HOW'S MY LITTLE PUP?

WHERE?! EVERY EATING VESSEL WE OWN IS IN THE SINK! THIS PLACE IS DISGUSTING!

DON'T LOOK AT ME I JUST WASHED A BUNCH OF DISHES TUESDAY ON, UM

netted $1,600 with more than 2,400 tickets sold.

The following is a list of the prizes and the businesses that donated them:

Grand Prize trip for two to Los Angeles including round trip airfare, hotel accommodations and two tickets to attend "Phantom of the Opera," won by Allen T., a manager of Keys. • Handpainted T-shirt by Gay Hirsch. Two $25 gift certificates from Filar's Florist.

• Dinner for two at Scoops and Ladels. Three massages from the Massotheray Institute.

• Breakfast for two at Eats.

$5 worth of cards each month for a year from Clifton Webb. Selective jewelry from the Deering Gallery.

• An It's It Deli picnic basket with two tickets to Blossom Music Center for a David Sandborne Concert.

⚫ $25 worth of flowers a month for a year from Jones-Russell Florist.

A pink, neon-light flamingo sculpture from John Britain.

• A dozen roses a month for a year from Terry's Flowers.

YES! HI GIRL! HOWZA WITTLE PUPPY-WUPPY?! UH OOPS

AN EXCELLENT WAY TO RECYCLE THEIR PATRIARCHAL SCUM

AND WHY DIDN'T LOIS TELL ME THERE WAS A MEETING HERE?! ONCE NIGHT A WEEK TO WATCH TV IS ALL! ASK, AND THE LESBIAN ARMY DESCENDS ON MY LIVING ROOM!!

SPARROW, WHAT'S GOING ON IN THE LIVING ROOM?

OH SPEAKING OF TELLING YOU THINGS. MY FRIEND MILKWEED IS COMING FOR A VISIT

bill, although it is opposed to certain provisions.

In the meantime, lobbyists from NORA (the National Organizations Responding to AIDS) and from CCD (the Consortium of Citizens with Disabilities) are educating members of Congress to give them a true understanding of the need for anti-discrimination protection for people with disabilities. This education will hopefully come into play when members are asked to defeat destructive amendments.

Discrimination against people with AIDS and HIV infection-an unfortunate hallmark of the epidemic-is a kind of second-level devastation. After the first devastation of hearing of the diagnosis or the positive test result, people with AIDS or HIV often face losing their jobs and therefore their health insurance, being kicked out of their homes and being denied basic rights, like service in a restaurant. These actions violate an individuals fundamental civil rights. The sad fact is that almost all people with disabilities face this kind of discrimination to some degree or another.

AIDS, of course, also brings to the forefront the discrimination engendered by homophobia (the majority of those with AIDS are still gay men, although the demography of the disease is changing), classism and racism (a significant percentage of IV drug users with AIDS are black, Hispanic or poor).

The ADA will finally offer protection to all these individuals against irrational acts of discrimination.

Chai Feldblum is an attorney for the American Civil Liberties Union AIDS Project.

Laura Markowitz is an editor of a national magazine and a lesbian activist. ▼

Four hours of limo service from the Cleveland Livery Auto Service and two tickets to the Cleveland Ballet. Dinner for two at Johnny's Restaurant.

• Brunch for four at the Burgess Grand Cafe with four tickets to the Cleveland Repertory Theater.

Dinner for two at Cafe Sausilito with tickets for two to Kate Clinton, a lesbian comedian.

A $50 gift certificate for Sammy's with two ballet tickets.

A microwave oven from Legends and Greg T.

Brunch for two at Hecks Ohio City Cafe, with a night-time champagne airplane ride over Cleveland from Baron Aviation.

A new location for Dancin' in the Streets '90 is under consideration. The event's traditional placement on West Ninth Street is uncertain due to the construction planned for the Main Avenue Bridge in the spring.

West Ninth is on a proposed bridge detour during the construction period and may not be available for other uses.

OH, LOIS'S GROUP IS PLOTTING THEIR WHAT IT'S SORT OF SOUPNEXT ACTION. I THINK THEY WANNA IS IT? LIKE. I THREW SOME PUT CRUDE OIL IN THE SPRINKLER SYSTEM AT EXXON HEADQUARTERS OR SOMETHING. TASTE THIS.

MILKWEED? MAT KND OF A NAME IS

WELL, WHEN I FIRST MET HER SHE WAS PHYLLIS. BUT Now SHE LIVES ON THIS LESBIAN FARM AND CALLS HER. MALKWIE? SELF MILKWEED MOONG ARDEN

OM, GREAT HOW LONG'S SHE W STAYING

LEFTOVERS TOGETHER.

Y KNOW, I FORGOT TO ASK.

OSIW