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SFPD updates condom policy by Seth Hemmelgarn
T
he San Francisco Police Department will no longer take photographs of condoms or mention them in police reports in prostitution cases, ending the city’s practice of using condoms as evidence in such cases. A bulletin will be released by the end of this week, a department spokesman said Tuesday, January 8. Sex worker advocates, public health Rick Gerharter officials, and others Police Chief have expressed conGreg Suhr cerns that using condoms as evidence of prostitution discourages people from using them, thereby putting them at greater risk for HIV and other diseases. The SFPD was criticized this past summer after the Bay Area Reporter found contradictory policies within the department over the seizure of condoms from people suspected of prostitution. Police Chief Greg Suhr later announced that officers would no longer confiscate condoms as evidence of prostitution and issued a bulletin to department personnel. However, condoms could still be photographed. The latest change comes after officials from the SFPD met September 20 with representatives of the district attorney’s and public defender’s offices, the Human Rights Commission, public health officials, and others to discuss the policy. In a September 28 email to HRC Executive Director Theresa Sparks, Suhr, who wasn’t at the meeting, said, “... [I]n light of the DA/ PD’s agreement not to allude to condoms in any way (up or down) as an indicator of any criminal conduct, we will no longer be even mentioning the possession of and/or taking photos of condoms (we had long since stopped seizing them as evidence).” Suhr’s message refers to the DA’s and public defender’s offices. In an October 31 letter to Sparks, District Attorney George Gascón included an agreement between his and the public defender’s staffs that from October 1 through December 31, in misdemeanor cases involving prostitution charges, no argument would be made “regarding the presence or absence of condoms.” Gascón said the impact of the policy change would then See page 12 >>
Vol. 43 • No. 02 • January 10-16, 2013
Marlena’s bar to change hands by Matthew S. Bajko
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he new year is set to bring big changes to Marlena’s, as the famous Hayes Valley gay bar is being sold. Proprietors Garry McLain, better known as Absolute Empress XXV of San Francisco, Marlena the Magnificent, and his business partner, Janice Buxton, entered into escrow with the buyers Friday, January 4. If the sale goes as planned, the new owners would close the bar sometime in March for several months to remodel it and bring it up to current state and city codes. Marlena has hinted for several years that he was thinking of turning over control of his eponymously named establishment to new owners. In an interview with the Bay Area Reporter this week, McLain said the time was right now that he is 73 and Buxton is 70. “At our age, it was something to think about,” said McLain. He said he feels “fine” about the decision to sell, especially since, “I won’t have to work seven days a week.” For now, the new owners’ identities are not being revealed. Nor would McLain discuss the purchase price for the bar, saying only that, “A lot of people wanted the bar.” He described the buyers as “young” and
Garry McLain stands behind the bar of his namesake Hayes Valley establishment, Marlena’s. Rick Gerharter
“eager,” though he did not know if they are gay or straight. At least one already owns another bar in the city, he said. “They want to keep this a neighborhood bar that is welcoming to both gay and straight,” said McLain, adding that the Saturday night “Follies” drag shows are also ex-
pected to be maintained. As for the name Marlena’s, McLain said he told the buyers “they could have the name if they want it” but it is unclear if they will opt to keep it or rename the bar. He has also offered to sell them his collecSee page 12 >>
Gays mixed on Hagel nomination
by Lisa Keen
S
enator Tammy Baldwin said this week that she wants to see whether Defense Secretary nominee Chuck Hagel’s apology for anti-gay remarks 14 years ago is “sincere and sufficient.” But former Congressman Barney Frank said his opinion of Hagel has gone from opposition to reconsideration. Baldwin, a Wisconsin Democrat, made her remarks Monday, January 7, just minutes after President Barack Obama officially nominated the former Republican senator from Nebraska to the top Pentagon post. During an interview with MSNBC, Baldwin said she did not know Hagel, but that she plans to ask him “some tough questions.” Baldwin does not sit on the Senate Armed Services Committee but, as a member of the Senate, will vote on Hagel’s confirmation. She told MSNBC she plans to give Hagel’s nomination a “thorough review” and will “be fair.” “But I do want to speak with him particularly about his comments 14 years ago to ... see if his apology is sincere and sufficient,” said Baldwin. “I want to see how he’s evolved on this issue in the last 14 years” and how he will contribute to the successful implementation of the repeal of ‘Don’t Ask, Don’t Tell.’” Frank, the Massachusetts Democrat who retired last week, told the Boston Globe Monday while he was hoping Obama would not
Getty Images
President Barack Obama, right, nominated former Senator Chuck Hagel to be his next defense secretary.
nominate Hagel to the position, “With the attack coming out of the right, I hope he gets confirmed.” Frank, who is both gay and Jewish, said last month that he thinks Hagel would be “very good” with respect to Israel and the defense budget but that his anti-gay comments in the past were a “disqualification from being appointed.” “Then-Senator Hagel’s aggressively bigoted opposition to President Clinton’s naming the first openly gay ambassador in U.S. history was not, as [former] Senator Hagel now claims, an aberration,” said Frank, in the statement re-
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leased last week. “He voted consistently against fairness for LGBT people and there does not seem to be any evidence prior to his effort to become secretary of defense of any apology or retraction of his attack on James Hormel. And to those of us who admire and respect Mr. Hormel, Senator Hagel’s description of him as aggressive can only mean that the senator strongly objected to Hormel’s reasoned, civil advocacy for LGBT people.” Last week, Frank expressed interest in being named Massachusetts’ interim senator should John Kerry, the current occupant of the seat, win confirmation to be Obama’s next secretary of state, which is widely expected.
Others opposed
It’s not just gays who have tough questions for Hagel. A number of Republican senators, including John Cornyn (Texas) and Dan Coats (Indiana) are opposing Hagel’s nomination. Coats told Fox News that Hagel “has moved from a conservative Republican coming out of Nebraska to someone that looks like they are out of the most leftist state in the country...” Senator Lindsey Graham (South Carolina) predicted “very little Republican support for his nomination.” Neither pegged their opposition to Hagel’s apology for anti-gay remarks, but there was widespread media attention last month when Hagel issued a statement apologizing for his remarks against the nomination See page 12 >>