Page 2 HIGH GEAR October 1980.

NEWS

Mist-a-Henry's torched

By Dan Miecznikowski

CLEVELAND Sometime during the early morning hours of Monday, September 8, a group of soon-to-be arsonists broke down the back door of Mist-a-Henry's Club at 2163 Payne Avenue in Cleveland.

Having broken through the two

locked latches on the door, they found a well-secured iron gate in their way. Impregnable as this was, it was then they must have decided to simply douse the

immediate area with some type of quick-burning liquid, ignite it,

and go on their way.

According to Henry Henderson, co-owner and manager of

the club, it was approximately

4:15 a.m. when he was awakened by ADT Security Systems and notified of the blaze. Upon his

arrival, Henderson found the club to be "a total loss."

"The building is just a shell. The interior is nothing. There

were just a few records and a few bottles of liquor salvageable." said Henderson.

All sound and lighting equip ment were completely destroyed. All bar equipment and supplies were lost.

Speculation as to who set the fire and why abounds. The Cleveland Fire Department Arson Squad's investigation and final report have yet to be completed.

Mist-a-Henry's, known for the past two years as one of "the"

places to spend a night out in Cleveland, had not only a large

local patronage, but also a national following as well.

Said Henderson about his friends' and patrons' reaction to

the blaze, "People have been

very kind. I am quite happy about people calling...I couldn't ask for anything more."

When asked whether he intends to open a new club,

Gay aliens barred only if honest

WASHINGTON, D.C. (IGNA) In a strange ruling, the U.S. Justice Department has declared that gays will no longer be barred from entering the United States unless they voluntarily say they are gay.

Immigration officers at border .points have been Instructed not to question entering immigrants or visitors about their sexual preferences.

Acting Immigration Commissioner David Crosland said that his department is required by a 27-year-old law to enforce the still-existing ban on homosexuals. But under the new policy immigration officials will no longer consider it their duty to seek out an entrant's sexual orientation.

The Justice Department says that it now agrees with gay rights, organizations that the legislation that forbids homosexuals from

entering the country should be changed. Senator Alan Cranston of California has introduced such a bill into Congress:

The Immigration Department's decision followed a series of meetings in Washington, with

gay-rights lawyers, who have been negotiating.with the Justice Department for more than a year to change the policy.

Donald Knutson, head of Gay Rights Advocates, said, "I'm disappointed that we've been unable to convince the Justice Department to abandon enforcement of this obnoxious law altogether. As a practical matter, however, today's decision is very close to total victory."

He added that as part of the agreement the State Department will stop withholding visas from suspected homosexuals and instead issue visas without questioning applicants about sexual orientation.

Henderson replied, "Yes, undoubtedly...and I would love to stay in the same general area. Hopefully, we'll open before the Holidays...if not sooner."

Matlovich wins

appeal

WASHINGTON, D.C. On September 9, In Washington D.C., feeral judge Gerhard A. Gesekk Irdered the U.S. Air Force to reinstate Immediately Leonard P. Matlovich, a former Air Force sergeant ousted from the service five years ago after he openly declared his homosexuality.

U.S. District Court Judge Gesell said that Matlovich's dismissal was unlawful because of the Air Force's continuing failure to explain exactly what its policy is for retaining or dismissing those who are hmosexual. The Air Force, Gesell said, had been engaging in "pervese behavior" for the past five years.

Gesell originally upheld the Air Force ouster of Matlovich in July 1976 but urged it to reexamine its policies that led to his dismissal. In 1978, the U.S. Court of Appeals, to which Matlovich had appealed his case, ruled that the Air Force had not properly defined the various supposed

Ohio welcomes

gay Cubans

Press)-Arrangements are being COLUMBUS (Columbus Free made here to provide for gay people among the Cubans who have come to the United States during the spring and summer. There is apparently a higher than average percentage of gays among the Cuban refugees.

The arrival of gay refugees is unusual, since the U.S. Immigration and Naturalization Service

If a third party, however, tells an immigration authority that an entrant is gay or if the entrant himself volunteers this information, a special investigation will have to take place.

But no physical examination will be required, as it was in the past.

If at the special investigation,, which would be in private, the entrant denies being a homosexual, he or she will be admitted to the country.

The new ruling is a result of several widely publicized detentions of homosexuals at customs in San Francisco. One

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immigrant who is discovered to ordinarily excludes any potential be gay. A 1952 Act of Congress calls for exclusion of gays from abroad.

When gays appeared among the Cuban refugees entering Florida this year, however, the INS stated it would admit them "on humanitarian grounds". The apparent motive is to embarrass the Cuban government by taking in as many Cubans as want to leave the island.

The National Gay Task Force has been conferring with the State Department and White House to ensure that gay Cubans are not deported to Cuba if they went to stay in this country.

In Columbus, the Metropolitan Community Church (MCC) is coordinating efforts to resettle gay Cubans, several of whom have already arrived. Rev. Rob Shivers said that Englishlanguage classes are planned, and that homes and jobs are being sought, Shivers said that her church's activity is part of a national MCC effort to assist gay Cuban refugees.

Shivers said that persons interested in helping with the resettlement can write MCC. P.O. Box 10009, Columbus, OH 43201, or phone (614) 262-1189.

Cardinal Court picnic

On September 7, the Imperial Cardinal Court held its First Annual Chicken Barbecue and Picnic at The Barn near Florence Ohio...The Cardinal Court is a non-profit, charitable gay organIzation which draws its membership from the Lorain, Mansfield

and Sandusky areas. The picnic was sponsored by Lambda Lounge of Lorain and Richards Bar of Mansfield and was attended by over one hundred gay men and women, all of whom seemed to enjoy the day. Volley ball, baseball, frisbee, card-

playing, dancing, and much good food and beer contributed to the general festivities, despite the cloudiness and coolness of the day. Light rain did not hamper the high spirits of all involved.

·

exceptions under which a gay service person could remain in the Air Force under which Matlovich did not quality.

The Air Force had originally argued that its regulations continued an "exception provision" that was potentially available to Matlovich.

Matlovich won several medals, including a Bronze Star, was wounded in Viet Nam, and had received several reports praising his work as a human relations counselor. The Air Force said, however, that "meritolous conduct" was not reason enough to retain a gay service man.

The Court of appeals ordered the Air Force to come up with an explanation of its policy and sent the case back to Gesell.

The Air Force filed several contradictory statements regarding its policies toward gays in the service and Matlovich's attorneys argued that the Air Force had "trifled" with the court. Gesell agreed.

Gesell said that he had "repeatedly, insistently, pointedly" asked the Air Force to produce the standards according to which it made its decisions concerning gays.

Representing the Air Force at the September 9 hearing. Justice department lawyer Thomas R.. Kline argued that the Air Force had shown a rational basis for dismissing Matlovich.

Kline said that it has been the "long held opinion of the Air Force" that homosexuality "impacts on discipline and morale."-

"The exception is extremely narrow," he said, "...since it has never been exersized, it is impossible to say when it will be."

Gesell ordered the Air Force to the rank and salary he would "promptly readmit" Matlovich at have obtained had he not been "unlawfully discharged." He also won five years back pay which his lawyer Patricia Douglas said would amount to over $50,000 as a civilian since 1975). (minus any wages he had earned

GEAR was going to press the Air As this month's issue of HIGH appeal the case and that it would Force announced that it would ask Gesell for a delay of Matlovich's reinstatement until the appeal can be heard. ·

Gay Task Force said that his Charles Brydon of the National organization and the Rights Advocates would soon be disDepartment towards gay men cussing the policy of the Defense and women with the Carter Administration's public liaison staff and domestic policy staff.

"Our point of view," he said, "is that there is no longer any question of if this policy will be 'changed; the question is when -⚫and what can be done to facilitate this policy change.

Brydon pointed out that there are three ways a change can take place in the Defense Department's policy towads gay men and women -by a Supreme Court decision, by a Department of Defense policy change, or by a presidential directive: