Page 4 GAY PEOPLE'S CHRONICLE

March, 1991

Stonewall Union of Columbus president arrested in rape case

by Martha Pontoni

Stonewall Union of Columbus president Russell Stalk was arrested by Columbus police February 13 for the rape of a 24year-old Newark man. His bond was set at $75,000 cash surety after the police discovered that in 1979, Stalk served time for the rape of a 12-year-old boy in Lima.

Stalk, who recently resigned voluntarily as president of Stonewall Union and left the board, served four years of a six-to-25 year sentence for the 1979 offense.

Newly-elected board president Chris Cozad said that the board of directors were shocked at the arrest and the prior conviction. "It isn't our practice to run background checks on our volunteer board members; staff is another story."

Cozad reports that the community has been "generally supportive" of Stonewall, but irritated with the Columbus Dispatch for their sensationalizing of the story. “We

believe that a person is innocent until proven guilty," Cozad added about Stalk's

arrest.

The Columbus gay and lesbian community has accused the Dispatch of sensationalizing the case since the rape victim was male. Graphic details of the rape, given to the Dispatch by the victim, were printed in full. Although the Columbus police reported only that the victim was bound and forced to have oral and anal sex, the Dispatch added information about the kind of lubricants used, where in the house the rape occurred, and other details.

Leaders of the Columbus lesbian and gay community also attributed the sensationized coverage to the fact that Stalk was a community leader.

At Chronicle press time, Stalk was still in custody awaiting a bond reduction hearing and could not be reached for

comment.

Loyal Oaks 'public indecency' case goes to federal court

by Martha Pontoni

An Akron gay man's appeal of a 1988 conviction for 'public indecency' has been brought in federal court, having exhausted appeals in the state courts. On February 11, attorneys argued Dwayne Miller's case in the federal Sixth Circuit Court of Appeals in Cincinnati.

Miller, along with two other men, was arrested in Norton, Ohio, a small town just south of Akron, while they were at the Loyal Oaks private swimming club. Police had used binoculars to watch the men, and arrested Miller for leaving the pool nude to put on a towel, and then being nude again briefly, when he removed the towel to enter a hot tub. A heterosexual couple who were having sex nearby were caught, but not arrested. Miller was found guilty of 'public indecency' in Barberton Municipal Court, fined $250 and sentenced to jail for 30 days. The jail time was reduced to two years' probation, and the fine reduced to $50.

The original conviction was unsuccessfully appealed to the Ohio Ninth District Court of Appeals, and then to the Ohio Supreme Court. Miller's attorneys were then given a hearing in the federal Sixth Circuit court.

One of the attorneys representing Miller, Nancy Grim, says that the appeal is based on a violation of the 14th Amendment's 'due process' clause, because there was not enough evidence for a person to find Miller guilty beyond a reasonable doubt. "I'm very optimistic. The court has clearly taken the case seriously," commented Grim, who added that during oral arguments, one judge's questioning was making her case for her.

tion will be overturned, although the City If the court finds for Miller, his convicof Barbarton will be able to appeal if they choose. If Barberton does not appeal, the charge is returned to that city's municipal prosecutor with the option of retrying the

Columbus woman's spouse-

abuse case back in court

by Martha Pontoni

The Columbus city prosecutor, backed by a number of lesbian-gay legal groups, is appealing the dismissal of a domestic-violence case filed by a Columbus woman against another woman she identified as her spouse.

Franklin County Municipal Court Judge Marvin S. Romanoff dismissed the case on October 1, on the grounds that the two women cannot be married and therefore are not living together as spouses. This ruling could effectively deny legal protection to the battered partner of lesbian and gay couples in Ohio.

The victim, Alice Sara Evans, filed the complaint against Carol Hadinger. The two women were living together until Hadinger was arrested, but it isn't legally established that they were lesbians. According to the court transcript, Romanoff dismissed the "domestic violence charge . . . because under Ohio law two women cannot be married."

The law established criminal liabil-

ity for any person who knowingly, recklessly or threatens to cause physical harm to a "family or household member," a term which includes "a person living as a spouse."

Joining the Columbus city prosecutor's appeal of this municipal court decision is the Lambda Legal Defense and Education Fund of New York, the Ohio Human Rights Bar Association,and the Gay Rights Project of the American Civil Liberties Union. These lesbian and gay civil rights organizations are arguing that

case or dismissing the charge. Since Barberton has had to hire outside counsel to try these appeals, the charge would probably be dismissed. The Loyal Oaks Swim Club has since closed.

Grim says this case will establish law for the Sixth Circuit and set standards for convictions of 'public indecency.' She added that the obviously homophobic na-

"the definition of 'person living as a spouse' found within the statute itself does not depend upon the marital status of either the complainant or the defendant, and does not exclude the filing of a charge against a person of the same gender."

The ACLU of Ohio takes the position that the "Equal Protection Clause of the 14th amendment to the United States Constitution prohibits the application [of this law] in an unequal manner simply because the victim and the defendant are of the same gender, or because they may be of minority sexual orientation." The ACLU adds that "there was nothing to conflict with the affidavit of the victim that she was a 'person living as a spouse' with the defendant."

The brief filed by the LLDEF and OHRBA argues that the court "reinforced for the alleged batterer the notion that her criminal actions against another women with whom she shared her life and her home may go unpunished. "The brief goes on to charge that the court reinforced the perception that the legal system is "unconcerned and ineffective" when dealing with domestic violence cases and could have, if the judge had properly enforced the statute, provided protection for Evans.

The oral arguments for this case were heard Feb. 26 and a decision may take several months. ▼

Karen Schneiderman contributed to this story.

ture of the case, and of the police's activity, could not be cause for appeal because the police were very careful not to mention sexual orientation during the original trial. Grim says that in this case the omission was good for Miller since it isn't illegal to discriminate on the basis of sexual orientation, and her case would have been more difficult to make. ▼

AIDS discrimination charged as market fires gay worker

by Martha Pontoni

protect people who are vulnerable and allow others to follow me without feat of

Bob Johnson, a professor of medical sociology at Kent State University, has filed an administrative charge on behalf of losing coverage.” persons with AIDS with the Ohio Civil Rights Commission against West Point Market in Akron. The charges were filed because the employee's health insurance puts a $25,000 cap on benefits for those who have AIDS or AIDS Related Complex. Johnson is also the lover of recentlylaid-off West Point Market employee Layne Tidwell.

The West Point Market's insurance policy, issued by Commonwealth Insurance, has a lifetime benefit limit of one million dollars, no yearly benefit limit, and no inpatient or outpatient benefit limit. However the policy makes exceptions for AIDS, and AIDS-Related Complex, as well as alcoholism, drug abuse, nervous disorders, and psychiatric care. In these cases, there is a $25,000 lifetime cap on benefits, a $3,000 calender year cap on inpatient or outpatient benefits and $1,000 cap on outpatient benefits. "If you are on AZT, you run out of money with just a few months supply," said Johnson.

Johnson says he was appalled when he say the new policy book brought home by Tidwell. "I'm filing on behalf of all those people with HIV-positive status who are afraid to come forward. I can do it to

Health Issues Taskforce executive director Joe Interante says that the West Point Market policy is not unique. “Unfortunately, insurance companies can do what ever they want. These practices need to tested out to see whether or not these employers can get away with it." Interrante added that these types of policies put "excessive burdens on people who are already encumbered with other problems."

Once a charge is filed with the Ohio Civil Rights Commission, the employer

has a chance to respond to the charges.

Then an investigator determines if there is probable cause of discrimination and

makes a recommendation to the commission. If the commission agrees with the investigator, they will try and reconcile with the employer. If that does not work, the case is heard by an administrative judge who makes a recommendation to the commission who then orders the remedy.

West Point Market owner Russ Vernon said that AIDS wasn't a handicap and he didn't know why the charges had been filed. He also said he didn't know Bob Johnson, and that the insurance policy was an "industry standard." He has been trying to get in touch with the civil rights commis-

sion, but has been unsuccessful in his attempts.

Tidwell had worked at West Point Market since September 1989 as the Gift Center manager. Vernon laid him off on Febru-

"Around December I went on a diet and lost 15 pounds. Coworkers said I should be careful because people would think I had AIDS."

ary 18. Vernon claims that despite a good work performance by Tidwell, the position was combined with another and he had to lay Tidwell off for "financial reasons."

Tidwell claims that he was let go because of a perception that he was HIV positive. "Around December I went on a diet and lost 15 pounds. Co-workers said I should be careful because people would think I has AIDS."

Although Vernon denies knowing Tidwell was gay or that Johnson was his partner, Tidwell says that he asked Vernon if

he was fired for being gay and Vernon denied it. Tidwell also reports that Vernon has been to Johnson's and Tidwell's house and has meet Johnson on several occasions involving the store. "He even knew that he worked at Kent State," added Tidwell.

Tidwell is cooperating with Johnson in the suit by providing Johnson with employee benefit handouts.

Vernon seemed shocked when contacted by the Chronicle. He said it was the first time he had heard that Tidwell was gay although he does admit to being at Tidwell's and Johnson's home. When asked if any of his other employees were gay Vernon replied, "We don't get that personal."

"Layne was not a agitator, he is a friend." Vernon added. He admitted to noticing that Tidwell had lost weight but denied thinking that Tidwell was HIV positive, "does that mean he has the germs?" Vernon asked this reporter.

No decision has been made by Tidwell or his attorneys about filing suit against Vernon for discrimination. The Ohio Civil Rights Commission has determined that discrimination based on the perception someone has AIDS is illegal and has published guidelines that state that termination is not justifiable if someone has AIDS. ▼