Issuu

Trans Unit at Rikers 04

Newark Sex Sting Slay Settlement 10

Joaquim Pinto’s Sights, Sounds 22

Page 20

FREE | VOLUME THIRTEEN, ISSUE SIXTEEN | AUGUST 07 - 20, 2014

PINES PARTY

REAL ESTATE

IN THE NOH

Enchanted evening

The cherry on top

A gem from the attic

MARRIAGE

EQUALITY

Fourth Circuit win; Sixth Circuit arguments

Ruling on marriage equality

Leaving nothing behind

08-09

FILM 30

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HUMAN RIGHTS

Rikers Jail to Open Transgender Unit

Advocates get city to respond to “hideous” treatment of MTF inmates

BY ANDY HUMM

DONNA ACETO

ikers Island, the scandalplagued New York City jail much in the news these days for reports of violence against inmates, is trying to make some progress in its treatment of transgender inmates with the opening this fall of a dedicated transgender unit that some are saying is the first of its kind in the country. Mariah Lopez, a transgender activist with experience as an inmate at Rikers, broke the story on her Facebook page on July 30, writing that the “the country’s first exclusively transgender inmate facility” would open within days. Lopez, who is the executive director of STARR, the Strategic Trans Alliance for Radical Reform, wrote that it was in response to “abuses so severe and taboo, that most people (the general public and elected officials) believe these ‘practices’ to be outlawed, and/ or no longer practiced.” Lopez wrote that the “abuses include strip-searches by officers; beating [and] frequent rapes of Trans individuals while incarcerated throughout the United States,” citing Amnesty International’s 2003 report, “Stonewalled.” She wrote that “Rikers closed the ‘Gay/ Lesbian/ Trans’ housing units over a decade ago, despite widespread criticism from advocates who argued that the units were necessary to keep Trans and Gay inmates safe.” In December 2005, the city’s Department of Correction announced it was phasing out a special unit that had housed vulnerable gay and transgender inmates since the 1970s. John Boston, director of the New York City

Mariah Lopez, the trans activist who first spoke publicly about the new transgender unit planned for Rikers Island.

Legal Aid Society’s Prisoners’ Rights Project, said that a coalition of groups including Legal Aid, Sylvia Rivera Law Project, and Lambda Legal “began discussions two years ago” on the plight of “transgender prisoners, some of whom were subjected to hideous abuse from other prisoners and staff.” Boston said there were discussions with the Bloomberg administration about this crisis, but they were eventually just “stopped.” “Under this administration [Mayor Bill de Blasio’s], they’ve taken a different attitude,” Boston added. “They

understand the necessity of safe, separate housing and are going to provide it.” Boston said that his understanding is that the unit is going to be in the North Infirmary Command, “which is not limited to medical housing.” It will be for transwomen. “The largest number of problems was with putting transwoman in male facilities,” he said. “We told the Department of Correction that this is irredeemably dangerous and that they needed to provide a safe haven for those prisoners. We were told in the past that the ‘state of one’s genitals’ was determinative” of where you were placed. A spokesperson for the Department of Corrections confirmed on background that a dedicated unit is planned for the fall for biologically-born men who are transitioning to life as women, but that the department does not currently have plans for a female-to-male unit because there are not sufficient numbers to justify it. The spokesperson confirmed that the choice of whether to be assigned to the unit will be up to the transgender inmate. Lopez is hopeful that this will mark a new era for transgender people in the criminal justice system, affecting more than just the Department of Correction. “Trans people are more likely to be arrested for crimes they didn’t commit,” she said, adding that many plead guilty in deals “just to get out of [Rikers and be moved to longer term incarceration]. The Department of Correction will now do everything they can to connect trans people to social services both in custody and when they leave. This is the first time that trans people have been treated in such a fair manner by Corrections since the founding of the city.”

COUNCIL CONTINUES PUSH ON HEPATITIS AWARENESS, TESTING, TREATMENT Three City Council members who have focused particular attention on the risks of hepatitis B and C joined city health officials and leading healthcare providers in marking the start of New York’s first Hepatitis B Awareness Week. The July 21 gathering on the steps of City Hall included Health Committee Chair Corey Johnson, an out gay councilman from Manhattan’s West Side, Councilwoman Margaret Chin, who represents Lower Manhattan, including Chinatown, and Councilman Peter Koo, whose Queens district centers on Flushing. Chin (at microphone) is seen here with Dr. Jay Varma, the city health department’s deputy commissioner for disease control, Dr. Vivian Huang (in a prevention T-shirt), the hepatitis B program director at the Charles B. Wang Community Health Center, Dr. Warren Chin, executive director of the Chinese-American Medical Society, and Koo. According to the Centers for Disease Control and Prevention, although Asian and Pacific Islanders make up less than five percent of the US population, they account for half of all Americans living with chronic hepatitis B. More than two-thirds of the API population were born or have parents born in countries with high prevalence of hepatitis B, and most of those infected had exposure as a young child. An estimated one in 12 APIs has chronic

hepatitis B infection. Among gay and bisexual men, hepatitis B is typically a sexually transmitted disease, and men who have sex with men make up about one fifth of new hepatitis B infections, according to the CDC. Hepatitis C has in recent years been identified as a co-infection among people who are HIV-positive. Hepatitis is associated with a variety of severe liver diseases including cancer. In June, the Council passed and Mayor Bill de Blasio signed legislation that provided $750,000 in new funding for community-based groups that do outreach and testing for hepatitis B and C. Grant recipients included a variety of service providers in communities particularly affected, such as the API and African immigrant population, and also LGBT and AIDS groups, including Harlem United, AIDS Center of Queens County, Housing Works, and VOCAL-NY, and a variety of harm reduction programs that work with injection drug users. In February, Chin, Johnson, and Koo introduced legislation that would require the health department to report annually to the Council and the mayor on its efforts to stop the spread of hepatitis B and C, which affects an estimated 250,000 to 500,000 city

residents. Johnson’s Health Committee held hearings on the bill in June, with strong support from its members, though the health department testified that complying with such a law could cost between $1 million and $1.5 million annually. The measure’s advocates believe that the de Blasio administration’s support for the $750,000 testing initiative indicates a likelihood that the mayor and the Council can see eye to eye on moving the reporting bill this fall. — Paul Schindler August 07 - 20, 2014 | www.gaycitynews.com

SPORTS

Defender of David Tyree’s Hiring Has “Partnership” with Giants

You Can Play Project’s Wade Davis, New York football franchise put that announcement on hold BY DUNCAN OSBORNE

David Tyree, a former NFL play who recently joined the New York Giants organization.

The partnernship had been postponed due to concerns that it would be percieved as coming in response to the controversy.

YOUTUBE.COM

| August 07 - 20, 2014

NATIONAL FOOTBALL LEAGUE

leading defender of the New Giants employing David Tyr ee, a for mer football player with an anti-gay history, has a partnership with the football team and has had a relationship with the National Football League (NFL) for more than a year. Wade Davis, the executive director at the You Can Play Project, an advocacy group working for equality for LGBT athletes in sports, was the first gay figure to speak up for Tyree. After the Giants last month recruited Tyree to head its player development unit, Davis defended the hire in a July 24 Sports Illustrated editorial. In a video that also defended the Giants, Cyd Zeigler, a co-founder of Outsports.com, the leading LGBT sports publication, said that Steve Tisch, the chairman and executive vice president of the team, “has an incredible partnership with the You Can Play Project.” In an interview with Gay City News, Zeigler had sufficient knowledge of Davis’ partnership with the Giants to say that it pre-dated the Tyree controversy and that an announcement about the partnership had been postponed due to concerns that it would be perceived as coming in response to the controversy. “There was already some stuff in the works,” Zeigler said. You Can Play did not respond to a call and an email sent to its publicist asking about the partnership. A February 17 article in the Washington Post reported that Davis “has met with NFL representatives at the league’s New York office, preparing for a player to announce he is gay” for “the past year.” That announcement came earlier in February when Michael Sam announced he was gay and entered the NFL draft. Davis also assisted the NFL in responding to Sam’s coming out, the Post reported. In the LGBT community, Tyree is best known for his affiliation with the National Organization for Marriage (NOM), an anti-same-sex

Wade Davis, executive director of the You Can Play Project.

marriage group, and comments he made in 2011 opposing the drive to enact same-sex marriage in New York. In 2011, he appeared with Maggie Gallagher, then NOM’s head, and other anti-same-sex marriage figures at an Albany press conference. At that press conference, Tyree referred to “traditional marriage” as “truly the backbone of our civilization,” echoing statements he made in a NOM video released shortly before the Albany event, where he warned that enacting the marriage equality bill “will be the beginning of our country sliding toward, and

it’s a strong word, but anarchy.” Press statements from conservative groups also placed him at a 2011 anti-same-sex marriage rally held at New York’s City Hall. Gay City News was at the City Hall event and did not see him there. He is not in any photos from that event. If Tyree was there, he did not speak. The Human Rights Campaign, the nation’s largest LGBT lobbying group, and Michelangelo Signorile, the SiriusXM radio host, condemned the July 22 hire and it received attention in the mainstream press.

In a statement, the Giants said, “David was expressing his personal view, and that is not the view of the Giants organization. The Giants believe, advocate, and practice diversity in the workplace, and our only focus is on the individual’s ability to perform his or her job.” Zeigler, the other leading Giants defender, had nothing in his relationship with the franchise that could be called “payola,” he said. In 2007, the Giants sent an out lesbian staffer to a Gay Super Bowl event and in 2008 the team allowed a gay flag football team that Zeigler belonged to, the New York Warriors, to visit its Albany training camp and play on the field. “I’ve never gotten any tickets to the Giants,” Zeigler told Gay City News. He said the Giants are “one of the most gay-positive franchises in the entire NFL, if not the most,” in his video. “We can tar and feather this guy and try to destroy his career, but that’s not going to happen,” Zeigler said. “The other option is we can talk to him and listen to him.” The You Can Play-Giants partnership is yet another example of LGBT groups embracing relationships with corporations because it serves their mission, but also for the money, political clout, and visibility they bring. Some in the community look on these entanglements with dismay or anger as they see groups compromising LGBT interests and ignoring serious wrongdoing by the companies they link to. “You want to talk about David Tyree’s politics?” said William Dobbs, an attorney and longtime gay activist. “What about the politics of endorsing a game that has people bashing their heads together?” The NFL recently settled a federal lawsuit with more than 4,500 former players who accused the league of ignoring the long-term health consequences of concussions among players. “These corporate alliances have completely corrupted and defanged the movement,” Dobbs said. “The movement is now a lap dog for corporate America.”

CRIME

Defendant in Hate Assault Claimed “Homosexuals” Followed Him

32-year-old man charged in Lower East Side knife attack after anti-gay rant BY PAUL SCHINDLER

32-year-old Manhattan man arrested on charges of felony assault as a hate crime called 911 as he was “fleeing the scene” of the alleged attack to claim “that a group of homosexuals was following him,” according to the criminal complaint filed by the Manhattan District Attorney’s Office. The NYPD reported that at roughly 10:40 p.m. on August 1 Takeam Brison approached a group of men and women on Delancey Street near Essex and began shouting homophobic slurs. When a woman in the group responded to his comments, he allegedly slashed her in the face with a knife, an injury that required hospitalization and 60 stitches. The criminal complaint said the woman, who has not been identified, was told by doctors that she may suffer “permanent disfigurement” as a result of the attack. Press reports and a statement from the New York City Anti-Violence Project (AVP) indicated that the woman is a 29-year-old Brooklynite. Several media outlets reported that she came to the aid of a man as the suspect shouted anti-

gay epithets at him, but the criminal complaint suggests Brison was verbally abusive toward the victim as well as her companions. According to the complaint, Brison “began yelling at informant and her group in sum and substance fags, go back to fagville, fagnation, you lesbians, homos.” He then allegedly “approached informant and smacked her in the face, knocking her to the ground, at which point informant immediately began bleeding.” Brison was apprehended by police within blocks of the incident and allegedly was found to have a knife in his front pocket. He faces charges of first-degree assault as a hate crime and third-degree criminal possession of a weapon. 911 records show that Brison called police “as he was fleeing the scene and stated in sum and substance that a group of homosexuals was following him.” Police say that when he was apprehended, Brison told officers “in sum and substance that he got the lesbians that were following him.” According to police, Brison, who has at least one previous criminal conviction, resides at 197 Bowery, home to the Andrews House transitional housing program run by

Common Ground, a homeless services organization. Brison’s bail was set at $60,000 and his case was adjourned until August 7 pending possible grand jury action. Sean Parmenter, his Legal Aid Society attorney, did not respond to a request for comment. City Councilwoman Margaret Chin, whose Lower Manhattan district includes the scene of the attack, noted the willingness of the victim to challenge someone shouting hostile homophobic comments. “As with any violence that targets our LGBT New Yorkers or their supporters, I condemn this attack in the strongest possible terms,” Chin said in a written statement. “The woman who confronted this man during his hate-filled rant must be commended for her courageous and noble action, and I am deeply thankful that she did not suffer life-threatening injuries.” Shelby Chestnut, the director of community organizing at AVP, also discussed the victim’s apparent willingness to stand up to someone making threatening anti-gay comments. Alluding to a March attack on a gay man at the West Fourth Street subway station where 50 bystanders were said to have done nothing to help the victim, she said the woman’s actions on Delancey

Street indicated a “better understanding across the broader New York City community that it is not okay to engage in anti-LGBT violence and harassment.” Chestnut added, however, that AVP works to educate people on “how to intervene safely, and to take care of yourself first.” She also pointed out that the sexual orientation of the victim and the others on the scene when the attack took place is unknown. New York State’s hate crimes law includes penalty enhancements for crimes motivated by “actual or perceived” sexual orientation, among other categories. AVP, Chestnut said, will be doing outreach on the Lower East Side in coming weeks to raise awareness of the risks of hate crimes and safe ways to respond. The group’s 24-hour bilingual hotline is 212714-1141. The most recent data from the group shows that reported incidents of anti-LGBTQ and anti-HIV crime in New York increased 26 percent last year, continuing a fouryear trend. Chestnut cautioned, however, that the rise likely reflects both increased incidents and greater reporting on the part of victims. “We may actually be getting close to the actual number,” she said.

FAMILY

Lesbian Co-Parent’s Custody Denied, Child Left in Foster Care

Mother who married birth mom before child turned one has no rights according to family court BY ARTHUR S. LEONARD

Nassau County Family Court judge has ruled that despite New York’s 2011 marriage equality law, a lesbian co-parent cannot claim parental rights for a child born prior to her marriage to the birth mother. Tragically, in the wake of this ru li ng, a n eg lec t p r oc ee di n g against the birth mother has put the three-year-old child into foster care — rather than the custody of

his other mother. In a June 30 ruling, which was not published until July 23, Judge Edmund M. Dane rejected the joint custody petition of the co-parent, identified as Jann P., who mar ried her wife, Jamie P. in 2012, the year after Jamie gave birth to the child, John. Dane’s opinion does not make clear whether the women were living together at the time of John’s birth or if the boy was conceived through donor insemination by their agreement. However, the New York Law Journal quoted Jann’s attorney, William Scheeck-

utz, Jr., as saying that the women were a couple at that time. In August 2013, roughly a year and a half after their marriage, Jann and Jamie signed a separation agreement, which described John as “a child of the marriage” who would be raised by Jann and Jamie, with Jamie apparently having residential custody. Jann was given weekend visitation rights and holidays were to be spent together until a divorce was finalized, when they would be split between the two mothers. The agreement also provides that

“joint custody will be determined at a later date upon further and in depth discussions.” No divorce petition has yet been filed. In December of last year, Jann went to Family Court seeking custody of John, saying that was necessary to ensure the “mental well being of the child.” In that petition, she identified herself as John’s parent and Jamie as his mother. Jamie sought to have the petition thrown out, arguing that Jann was not a legal parent of John’s and

NASSAU, continued on p.15

August 07 - 20, 2014 | www.gaycitynews.com

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MARRIAGE

Fourth Circuit Court of Appeals Strikes Down Virginia’s Marriage Ban

Following 10th Circuit lead, panel says fundamental right abridged without compelling rationale BY ARTHUR S. LEONARD

three-judge panel of the US Fourth Circuit Court of Appeals, in a 2-1 ruling, has declared Virginia’s ban on same-sex marriage unconstitutional. The July 28 ruling did not go into immediate effect, and the two county clerks who are defending the ban — Governor Terry McAuliffe and fellow Democrat Mark Herring, the attorney general, are not doing so — have indicated their intention to seek review by the Supreme Court. Had they not, the appeals panel ruling would have gone into effect by August 18. The clerks are represented by Alliance Defending Freedom, a right-wing litigation group strongly dedicated to defeating samesex marriage. Marriage equality litigation in three other states in the Fourth Circuit — North and South Carolina and West Virginia — has been on hold pending this ruling, which is binding on those cases. The district courts hearing those cases might now put the proceedings on hold. Shortly after the ruling came out, however, North Carolina’s attorney general, Roy Cooper, a Democrat, told reporters he viewed it as “futile” to continue litigating the issue there, since the Fourth Circuit has made its views known and final resolution will come from the Supreme Court. The remaining state in the Fourth Circuit, Maryland, enacted equal marriage rights in 2012 in legislation approved by the state’s voters. The Virginia case originated with a single plaintiff couple, Timothy Bostic and Tony London, who filed a lawsuit last year in the state’s Eastern District with a private attorney. The American Foundation for Equal Rights (AFER), which litigated against California’s Proposition 8, quickly offered to provide representation by Ted Olson and David Boies, the renowned litigators who handled that case. The new legal team added a second plaintiff couple, Carol Schall and Mary Townley, who married in California in 2008 and were seeking recognition of their marriage. On February 13, District Judge Arenda L. Wright Allen ruled in favor of the plaintiff couples on summary judgment, a decision she stayed pending appeal. The American Civil Liberties Union’s LGBT Rights Project was separately pursuing a challenge in Virginia’s Western District and had sought Judge Michael Urbanski’s approval to certify it as a class action to ensure that a win would be binding throughout the state. When an appeal of Wright Allen’s decision was filed in the Eastern District, Urbanski put the ACLU case on hold, but that group was then allowed to intervene on behalf of its plaintiff class in the AFER case before the Fourth Circuit.

Matters were also complicated on the defense side after McAuliffe and Herring, elected in November to replace Republicans opposed to marriage equality, announced they would not defend the ban. In their place, Norfolk Clerk George E. Schaefer, III, and Michèle McQuigg, the Prince William County clerk, took on that task. David Oakley, an attorney from Chesapeake, Virginia, and Austin Nimocks from Alliance Defending Freedom argued on behalf of the clerks. At the May 13 arguments, Virginia Solicitor General Stuart Raphael represented the McAuliffe-Herring position that the ban was unconstitutional, Olson argued for the AFER plaintiffs, and James Esseks, who heads the LGBT Rights Project at the ACLU, argued for the class action plaintiffs. The Fourth Circuit panel that heard the case was remarkably diverse. Paul V. Niemeyer was appointed to the court by George H.W. Bush in 1990. Roger L. Gregory was named by Bill Clinton toward the end of his second term, blocked in the Senate, but then reappointed by George W. Bush as part of a deal to break a deadlock threatening the new president’s first batch of appeals court appointees. Gregory is the first African-American to serve on the Fourth Circuit. The panel’s junior member, who wrote the majority opinion, was Henry F. Floyd, appointed by Barack Obama in 2011. Floyd’s opinion followed closely on the path set by the 10th Circuit in June when it struck down the Utah marriage ban. Both courts — faced with existing circuit precedent that sexual orientation discrimination claims be analyzed by subjecting the law under challenge to the most deferential standard of review, under which it has a good chance of being upheld — avoided that route entirely. Instead, they based their decisions on the conclusion that the plaintiffs were being denied a fundamental right — the right to marry — which required that the state marriage bans be held to strict scrutiny. Under such a standard, a law under challenge survives only if it is narrowly tailored to achieve a compelling state interest. Most laws subjected to strict scrutiny are found unconstitutional by the courts. Floyd knocked the down the defendants’ first argument — that the Supreme Court, by declining to hear an appeal of a 1972 Minnesota marriage equality case for lack of a “substantial federal question,” established a precedent that should end the Virginia suit. The judge noted that “every federal court to consider this issue” since last year’s ruling in the Defense of Marriage Act case had found the Minnesota precedent no longer relevant. Turning to the main issue, Floyd found that the plaintiffs were not seeking a new constitutional right — a right of same-sex marriage — but rather an individual right to get married

to the partner of their choice. The majority saw this case, then, as falling into the same category as Loving v. Virginia, the 1967 Supreme Court ruling that struck down Virginia’s ban on interracial marriages. “Over the decades,” Floyd wrote, “the Supreme Court has demonstrated that the right to marry is an expansive liberty interest that may stretch to accommodate changing societal norms.” The significant precedents, he continued, “do not define the rights in question as ‘the right to interracial marriage,’ ‘the right of people owing child support to marry,’ and ‘the right of prison inmates to marry.’ Instead, they speak of a broad right to marry that is not circumscribed based on the characteristics of the individuals seeking to exercise that right. The Supreme Court’s unwillingness to constrain the right to marry to certain subspecies of marriage meshes with its conclusion that the right to marry is a matter of ‘freedom of choice’ that ‘resides with the individual.’ If courts limited the right to marry to certain couplings, they would effectively create a list of legally preferred spouses, rendering the choice of whom to marry a hollow choice indeed.” Niemeyer vehemently disagreed. “In reaching this conclusion,” he argued, “the majority has failed to conduct the necessary constitutional analysis. Rather, it has simply declared syllogistically that because ‘marriage’ is a fundamental right protected by the Due Process Clause and ‘same-sex marriage’ is a form of marriage, Virginia’s laws declining to recognize same-sex marriage infringe the fundamental right to marry and are therefore unconstitutional… This analysis is fundamentally flawed because it fails to take into account that the ‘marriage’ that has long been recognized by the Supreme Court as a fundamental right is distinct from the newly-proposed relationship of a ‘same-sex marriage.’” Niemeyer suggested that the majority’s approach would lead to the argument that polygamous and incestuous marriages come within the fundamental right to marry. Examining the justifications the defendants made for abridging what the panel majority concluded is a fundamental right, Floyd found them wanting largely on the same bases as have judges in the previous two dozen marriage equality rulings. They cited, for example, the consensus of reputable opinion about the comparable abilities of same-sex and different-sex couples in parenting and the conclusion that denying marriage to same-sex couples disadvantages their children without in any way increasing the likelihood that different-sex couples will raise children they produce in married households. And, as other judges have, Floyd pointed to

VIRGINIA, continued on p.16

August 07 - 20, 2014 | www.gaycitynews.com

MARRIAGE

Marathon Arguments in Sixth Circuit Marriage Appeals

Cincinnati-based panel hears from eight attorneys in six cases from four states BY ARTHUR S. LEONARD

n August 6, a three-judge panel of the US Sixth Circuit Court of Appeals held marathon three-hour arguments for appeals in six marriage equality decisions coming from all four states in the circuit — Ohio, Michigan, Kentucky, and Tennessee. Eight attorneys — four representing the states and four representing same-sex couple plaintiffs from each state — struggled with defining fundamental rights, parsing state justifications for excluding same-sex couples from marriage, and figuring out whether the court was bound to rule for the states because of a 1972 Supreme Court ruling finding no “substantial federal question” in the marriage issue. The arguments at the Cincinnati-based Sixth Circuit were held

in the shadow of recent decisions by two other circuit appeals panels elsewhere in the nation in favor of the plaintiffs — as well as more than 20 consecutive rulings by federal and state trial judges all favoring marriage equality. Despite the recent marriage equality wins, the attorneys for the four states seemed confident and undeterred, pushing forward with their arguments on two fronts. All four states asserted that the central question was whether it was the state’s government and its people or the federal court that should make policy on same-sex marriage. Each ended up relying heavily on Justice Anthony Kennedy’s majority opinion in last year’s Defense of Marriage Act case where he focused on the traditional role of states in defining marriage. Kennedy noted that Congress departed from that history in DOMA’s limitation on what marriages the federal government would recognize, and the

court concluded that break was motivated by animus against gay people, an impermissible rationale constitutionally. The states argued that, by contrast, no animus was involved when voters approved constitutional amendments forbidding samesex marriages, since the only effect was to preserve the status quo. Gay people in those states had no fewer rights after the amendments were passed than before. Attorneys representing the samesex couple plaintiffs generally avoided arguing that the marriage bans were motivated by animus, instead focusing on the lack of any rational justification for them. They also pointed to the harms caused to same-sex couples and their children by their inability to marry or have their out-of-state marriages recognized. Of the three judges on the panel, two seemed very actively engaged in trading questions and comments

with the lawyers, while one seemed more like an observer. Judge Deborah Cook, appointed to the court by George W. Bush and known as a “doctrinaire conservative” according to at least one press account, asked few questions and made few comments, and her few words did not suggest a strong disposition about the outcome of the case. Any skepticism she expressed seemed directed at lawyers from both sides. Judge Martha Craig Daughtrey, appointed to the court by Bill Clinton, appeared strongly predisposed to affirm the lower court marriage equality rulings being appealed. She asked many questions, and seemed most skeptical of the states’ arguments that excluding same-sex couples from marriage would somehow advance their asserted interest in encouraging different-sex couples to channel their procreation into married family life.

SIXTH CIRCUIT, continued on p.16

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KEY WEST 9

CIVIL LIBERTIES

Essex County Settles With Family of Man Killed in Newark Sex Sting

Deputy sheriff who shot Atlanta businessman DeFarra Gaymon had history of violent arrests

BY DUNCAN OSBORNE

he family of a Georgia man who was shot and killed by an Essex County deputy sheriff during a 2010 sex sting in a Newark park settled their civil rights lawsuit against the county and the sheriff’s office for $1.5 million. “The amount telegraphs that the Essex County sheriff’s department did something very wrong,” said William Dobbs, a longtime gay activist and attorney who has followed the case. “Like too many deaths at the hands of law enforcement, taxpayer money is used to pay off the aggrieved. Meanwhile, no officers, so far, have been punished or disciplined in any way.” According to a document filed in federal court on July 23, Christopher Kinum, the lawyer who represented DeFarra Gaymon’s family, will receive a standard fee equivalent to roughly one third of the settlement and the remaining amount will be divided among Gaymon’s widow, Mellanie, and his four children. Gaymon, 48 at the time of his death, had driven from Atlanta, where he was the chief executive at a credit union, to Newark to attend his high school reunion. The deputy sheriff who killed him, Edward Esposito, was on a public sex sting in Newark’s Branch Brook Park. Esposito was 29 at the time of the shooting. In a statement that Esposito wrote three days after the killing, he charged that Gaymon, who was not armed, approached him in the park with his penis out of his pants. When he tried to arrest the older man, Esposito said Gaymon grew aggressive. The shooting took place after a foot chase in the park and Gaymon threatened to kill him, said Esposito, who is the sole witness. An Essex County grand jury declined to charge him. Arrest records obtained by Garden State Equality, New Jersey’s leading LGBT lobbying group, show that Esposito was involved in three

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DeFarra Gaymon was shot to death in Newark’s Branch Brook Park on July 16, 2010.

Esposito was involved in three 2009 public arrests that turned violent, and another in 2010.

2009 public sex arrests that turned violent. The arrest of a man for public sex by Esposito and his partner that occurred right before the Gaymon killing in 2010 was also violent. While never saying so explicitly, the family countered that the shooting was little more

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than a murder. “At the time he was shot, Defarra was unarmed and helpless, and in no way posed a threat to Defendant Officer Esposito’s safety or to the safety of any other persons,” wrote Kinum in a 2013 brief. In a separate brief, Kinum said that he was relying on “Officer Esposito’s written statement made three days after the shooting.” The Gaymon killing sparked calls from Garden State Equality and the ACLU of New Jersey for a US Department of Justice inquiry into the incident and an independent inquiry by the state attorney general. Advocates said that records related to the shooting that were released in the Gaymon family lawsuit showed that the sheriff’s investigation into the killing was insufficient. It is not known if Esposito is still employed by the Essex County sheriff’s department. Calls seeking comment to Kinum and to James Paganelli, the county counsel, were not returned. The county may have spent nearly $700,000 or more defending the lawsuit. By 2012, it allocated $420,000 for law firms to represent the county, Esposito, and other defendants. In 2013, it allocated $260,000 to defend the case. The county’s insurer was reluctant to settle. “My office is always willing to sit and discuss a resolution,” Paganelli said at a June 2013 meeting of the county freeholders. “We need some cooperation from our excess insurance who has not been very enthusiastic toward settlement. It’s early in the case in terms of discovery… I think the insurance company wants to see how this is going to play out a little bit before engaging in settlement discussions.” A video of the meeting is posted online. Last year, Paganelli appeared to believe that the case would never be resolved. “We may end up with two separate ver sions of what may have transpired that night,” he said.

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Planned Service Changes

ACE Aug 11-15 10 PM to 5 AM | Mon to Fri No trains at ACE stations between 59 St-Columbus Circle and Jay St-MetroTech. A and E trains are rerouted via the 6 Av Line. C service ends early each night. A trains are rerouted via the D and F as follows: 1. Trains run via the D between 59 St-Columbus Circle and 34 St-Herald Sq. 2. Trains run via the F between 34 St-Herald Sq and Jay St-MetroTech. E trains are rerouted via the M and F in Manhattan as follows: 1. Trains run via the M in both directions between 5 Av/53 St and 34 St-Herald Sq. 2. Trains run via the F in both directions between 34 St-Herald Sq and the 2 Av F station, the last stop. No trains between World Trade Center and 7 Av. TRAVEL ALTERNATIVES • Use 6 Av DF stations to connect with rerouted AE trains. • Take 123456 for service to/from Lower Manhattan. • Take 12 for service to/from 34 St-Penn Station and Times Sq/42 St-Port Authority Bus Terminal. Stay Informed Call 511 and say “Current Service Status,” look for informational posters in stations, or visit mta.info where you can access the latest Planned Service Changes information, use TripPlanner+, and sign up for free email and text alerts.

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PERSPECTIVE: Media Circus

Hot PrEP Seeks Same for BB

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Gay City News, The Newspaper Serving Gay, Lesbian, Bisexual, and Transgender NYC, is published by NYC Community Media, LLC. Send all inquiries to: Gay City News, One Metrotech North, 10th Floor, Brooklyn, NY 11201. Phone: 212.229.1890 Written permission of the publisher must be obtained before any of the contents of this paper, in part or whole, can be reproduced or redistributed. All contents (c) 2014 Gay City News. Gay City News is a registered trademark of NYC Community Media, LLC. Jennifer Goodstein, CEO Fax: 212.229.2790; E-mail: Jennifer@communitymediallc.com

FOUNDING MEMBER

BY ED SIKOV

ack in the day, meaning the 1980s, New York magazine could always be counted on to produce sloppy, embarrassingly uneducated, heartless, but fortunately blessedly few articles about AIDS and its effects on gay men. The editor -in-chief at the time, Edward Kosner, was much more interested in the inane “Mr. Peepers” society column thrown up by his wife than in the horrifying tragedy engulfing our community. A staff member once told me that the copy for one of the worst articles New York ran about AIDS contained no statistics whatsoever; the writer simply inserted blank spaces where the numbers should have been and left the research to the fact checkers. The brilliant Adam Moss now edits New York. Creative, discerning, and openly gay, Moss would never permit the stupidity that was not only tolerated but effectively promoted under Kosner’s shitty regime. So I wasn’t surprised to see the recent cover story “Forgetting HIV” by Tim Murphy. What took my breath away was the teaser under the title: “A pill called Truvada can block infection. But it cannot easily erase decades of sexual trauma.” Good grief, I thought — they finally get it. The grief, I mean. “Sexual trauma.” Wow! When was the last time the mainstream press covered the impact of AIDS on gay men’s sense of sexual well-being? Murphy’s article is frank, to say the least. He treats gay men’s sexuality not as a filthy unmentionable but as a natural and pleasurable fact, a positive characteristic not to be hidden or euphemized. Interview subjects tell their personal sexual histories without shame. In fact, some of them are downright proud of their promiscuity. As they should be. Illustrated with headshots of shirtless gay men that reveal only their bare shoulders, the article spends a good amount of space on real New Yorkers making practical decisions about actual sexual behaviors. Mur-

phy discusses the prevalence of drugs and alcohol in gay life without censoring or downplaying it. The openly gay Murphy acknowledges his own druggy past: “It’s not that I consciously wanted to have bareback sex,” he writes, “but I did want to get to the point where I wasn’t thinking about condoms and HIV and risk all the time and I could lose myself. Drugs got me there.” The confessional mode is dangerous for a writer; it risks turning the article into an ode to oneself. But Murphy smoothly slips his own history into the wider story he’s telling — the story of the terrible mental and emotional price gay men have paid trying to adhere to a life of 100 percent safe sex all the time, year after terrifying year, decade after bleak decade. The dozen or so gay men Murphy interviewed are candid, brave even, when talking about their sex lives. None has had an easy time of it. Nor has any of us. The mainstr eam media rar ely cares about the toll AIDS has taken on gay men’s mental health. Why not? Because to pay attention to our complex emotional lives means confronting our sex drive in general and our sexual practices in particular — all the icky things we do that straight people don’t like to think about. “Forgetting HIV” is one of those rare pieces of journalism that wasn’t written with the goal of placating straight America’s disgust at the physical realities of gay sex. The LGBT media is rarely as joyfully blunt about butt-fucking as was Murphy’s article in New York. It took courage for Murphy to write it, and it took courage for Moss to make it a cover story. Hard cocks shoved into hairy asses just don’t have the same public relations value as tasteful same-sex wedding announcements in Sunday Styles, a point Murphy himself makes, though a bit less colorfully. Here’s where Murphy gets into hot water: “When taken every day, it’s been shown in a major study to be up to 99 percent effective,” he writes of T ruvada, which is the brand name for a preventive HIV treatment known as Pre-Exposure Prophylax-

is, or PrEP. Truvada is the only antiHIV drug that’s been FDA-approved for preventive purposes. The major study Murphy he refers to is known as iPrEx, short for “Iniciativa Profilaxis Pre-Exposición,” based on a clinical trial begun in Peru and Ecuador and later expanded throughout the Americas and in Africa and Asia. I say hot water because Murphy’s reference to Truvada being “up to 99 percent effective” caught the attention of Josh Barro, who pivoted off that statistic in “The Upshot” column in the New York Times. Bar ro’s two cents on the Truvada story makes sense in the big picture, but some of his details are way off base. Regarding Murphy’s reliance on the iPrEx findings, Barro writes, “This is a claim I hear thrown around a lot among gay men in New York. And it’s wrong.” He’s certain of this. “The 99 percent figure isn’t a study finding; it’s a statistical estimate, based on a number of assumptions that are reasonable, but debatable.” Barro then drags his readers on a difficult tour of statistical analysis in an attempt to prove that Murphy and all the gay men he encounters around town don’t comprehend the issue as well as he does. The “And it’s wrong” is a conspicuously dramatic flourish, especially because Barro is as wrong as Murphy – that is, if either of them could be considered wrong. Barro’s claim that “the 99 percent figure isn’t a study finding” is rubbish. Public health research depends on statistical modeling to reach its conclusions. Why? Because to wait for real numbers to emerge would take years — years during which real human beings would be living their lives lacking specific advice on what to do. We rely on statistical estimates to produce responsible guidelines to make policy decisions, and public health studies — yes, Josh, they’re legitimate studies and are called “studies” by the public health professionals who conduct them — perform that function. Barro goes on to quote the director of the Bridge HIV prevention research unit at the San Francisco Department of Public Health, Dr. Susan Buchbinder, who was one of the iPrEx investigators, saying, “I don’t think we can be quite so precise about the exact percentage.” Fussing over the “exact percent-

PREP, continued on p.14

August 07 - 20, 2014 | www.gaycitynews.com

PERSPECTIVE: Out and At Home

The Enduring Community Excelsior Bar Forged in Brooklyn BY MATTHEW MCMORROW

hat’s in our local gay bars besides boys and booze? Found all over the world, often on their own in any given locale, gay bars serve as our informal community centers — at times refuges from a hostile outside world — where LGBT folks, locals and visitors alike, can gather, be themselves, and bond. When I studied abroad in Florence, my straight peers would frequent a number of bars that catered mostly to straight American crowds. For my fellow LGBT classmates and me, however, there was only one option in town: YAG (yes, gay spelled backward). It was quaint and cozy, and it was the only gay bar in Florence. There, I would sip wine, discuss politics, flirt, and practice my Italian with people from all over the world, some of whom are still my friends today.

Moving to Brooklyn in 2002, I found a similar vibe in the Park Slope bar named Excelsior. One of the few gay bars in Brooklyn, LGBT folks of all ages, from all over the borough, from all walks of life, would end up at Excelsior at some point or another. For many of us, Excelsior became our living room and backyard — a place to unwind at the end of the day and chat with friends. Whether you wanted to watch the Oscars or throw a fundraiser, find romance or a one-night-stand, watch “Jeopardy” or talk about a guy you were interested in, there was a place for you at Excelsior. Mark Nayden and Richard Kennedy opened Excelsior on Fifth Avenue in 1999. It was before Brooklyn became the destination it is today. That was a time when bankers and trust fund babies wouldn’t dare to step foot in an outer borough. The Twin Towers were still standing, and no one owned a smart phone. Grindr and

Facebook had not even been imagined. Back then, Brooklyn attracted artists and recent college graduates and non-profit professionals seeking a nice place to live at an affordable price. My colleague, Jack, who now works with me at the Empire State Pride Agenda, was one of the bar’s original bartenders. In the early days, he said, the neighborhood was gritty and dangerous. It was not uncommon for people on the street to verbally and sometimes physically attack bar patrons. (The same streets are now filled with baby strollers and hipsters, and, yes, bankers and trust fund babies.) By just about any standard, 15 years is a short amount of time. But to measure history by the life of a local gay bar, it was a pretty remarkable 15 years. Jack recalled working behind the bar the nights of what he deems the 21st century’s first four major disasters — the election of George W. Bush, 9/11,

the invasion of Iraq, and the blackout of 2003. On each of those evenings, people from the community escaped the solitude of their homes, not to mention the personal traumas playing out in each of their minds, to seek a safe place to share experiences and find comfort from friends and staff at Excelsior. Years later, people would do the same when the financial crisis cost many locals their jobs and when Hurricane Sandy cost some their homes. There were plenty of good times, too. Many at the bar worked hard to elect Barack Obama president and celebrated his victory at Excelsior. And, of course, the LGBT rights movement made enormous strides over the past decade. Many of the movement’s current leaders live in Brooklyn and call Excelsior their local bar. I would often run into staff members of the LGBT Community Center, the Pride Agenda, the Ali Forney Center, the Hetrick-Martin Institute, Lambda Independent Democrats, and others. It became an informal space for all of us to meet, exchange ideas, build relationships, and work together on the issues our community confronted. When Excelsior opened its

EXCELSIOR, continued on p.14

PERSPECTIVE: A Dyke Abroad

Gender Anxiety and the Joys of Swimming in France BY KELLY COGSWELL

decade or two ago, I was a member of the 14th Street Y. Trouble would start as soon as I’d step into the locker room and a couple of little old ladies would be sure to scream, “This is the Women’s.” I’d consider flashing my tits for a moment, but usually just mumbled “Fuck off” under my breath and let them work it out among themselves. If it wasn’t them, it was the little kids. Mothers would bring all their children into the locker room even | August 07 - 20, 2014

if they were practically in grade school, and more than once some creepy little boy would stare at me while I changed. The place was charged with gender and sex. It was even worse when I went to swim. I could walk to the gym with my swimsuit under my clothes, but if I wanted a shower afterwards so I could change into dry things, I’d have to get naked and deal with those horrible staring lecherous boys who did everything but whack off. Worse were the mothers who let them. And I know they knew because I saw them watching, too. After a while, I just quit going.

And didn’t start swimming again until I moved to France and discovered cheap public swimming pools. In Paris every neighborhood has a couple, and they operate all year round. The best thing is that everybody goes into the same locker room — men, women, children, dykes. So no screams for the likes of me. Though it would probably still be complicated for some trans or intersex people. Another perk is that the little boys aren’t usually creepy, because children see plenty of adult bodies from the moment they start going to the pool. If you

do get looked at, it’s not aggressive and weird. Most people do it just enough to register who’s standing next to them in the shower, which everybody takes in a common area — in their swimsuits — before they get into the pool. Which brings me to glory number three of Paris pools. They’re so clean they barely smell. Truly. I’d thought that maybe they used less chlorine, but it turns out that most of the stink of American pools comes from the reaction between your lotion, sweat, and hair gel and the chlorine, which creates a disgusting, eye-reddening soup. Add a little pee to the chlorine and you get the fragrant chloramine. The great quality of the water in French pools is an unintended consequence of the gender-neutral

COGSWELL, continued on p.14

PREP, from p.12

age” is misleading, not to mention pointless. Barro brings Buchbinder back to express “particular concern that the estimate relies on a comparison of people who chose to take their pills daily with those who did not — unlike in an ideal study condition, where subjects are randomly assigned to take medication or not.” (These are Barro’s words, not Buchbinder’s.) In point of fact, the scenario Barro proposes would scarcely present “an ideal study condition.” The mere fact that a subject is “assigned’ to take a pill every day doesn’t mean that the subject will actually take a pill every day. Barro’s “ideal study” wouldn’t determine Truvada’s effectiveness. It would simply be another effort to quantify PrEP’s success as public health policy. Whether the number is 99 percent or 92 percent or 90 percent — or if we can say of Truvada simply that it is “highly effective” and can “drastically” reduce infection risk, as Buchbinder would — this is still cause for celebration. “We know that people who take their pills regularly are proba-

Which leaves the discussion pretty much where the 90 versus 99 percent left us: the circumstances of infection would be “rare.”

bly dif ferent from people who don’t take their pills regularly on a number of levels,” Buchbinder opines, creatively sliding from “we know” to “probably” in the space of just a few words. Barro provides examples: “They could use condoms more frequently or have fewer sex partners, and those behaviors could help them avoid HIV independently of Truvada’s effects.” Some public health researchers — Buchbinder apparently among then — assume that adherence to drug regimens correlates with worrying and risk aversion: people who take their pills every day are the type who would continue to fret about seroconverting, so they’d augment their Truvada with condoms and

EXCELSIOR, from p.13

doors, no state recognized same-sex marriage. But that didn’t stop gay people from falling in love. In fact, my partner Marc and I met there 10 years ago this month. Over the years, many bar regulars participated in the marriage equality campaigns and watched as state after state, including our own, embraced marriage for all.

COGSWELL, from p.13

spaces. Because everybody passes through the same shower area and you have all these eyes on you, you stop and wash. No cheating. It’s peer pressure at its best. The entryways to the pool are also better arranged, so everybody steps in the disinfecting foot bath thing because it is almost impossible not to. Unless you can balance on a two-inch ledge. Then you get down to it. You swim. Your vertebrae extend themselves. You relax. Become one with the water. When you’re done, you return to bathe in the same common showers. People more or less

keep the number of their sexual contacts low. But this is pure speculation, and it’s not universally shared among health policy experts. In fact, the opposite may be true. Might it not be the case that men in the study who were taking Truvada every day would be more confident about their ability to dispense with condoms and yet remain safe? Barro doesn’t entertain this possibility, but he does let his Harvard show as he tries to explain the iPrEx “model itself, what statisticians call a regression analysis.” Conceding that none of the study’s “high-adherence subjects became infected,” but noting that in a study of sero-discordant het-

So it was fitting that the bar owners, Mark and Richard, after 24 years together, got married last month and celebrated the occasion at Excelsior, surrounded not only by their families, but by the friends and couples they had brought together and by the community they had built and nurtured throughout an extraordinary 15 years of history. Excelsior closed its doors a few days later.

unselfconsciously reach into their suits to apply soap to intimate areas. Back in the locker room, there are little private stalls if you need to take off your suit and strip down to your skin. The only drawback is that you have to time things carefully. And avoid lunch time or after -work when you end up as awkward sardines, thwacking your neighbor in the next lane, catching a foot in the face. Weekends are packed, too. During the school year, the pool closes at odd hours for groups of kids who early on learn to swim and get the gender-neutral locker room experience. What can I say except, it works.

erosexual couples, there were two such infections, he complains that “none of the rare circumstances [that] make infections possible among people with high blood levels of the drug” would “be reflected in the model.” Which leaves the discussion pretty much where the 90 versus 99 percent left us: The circumstances of infection would be “rare.” As annoying as his piece is, Barro ends it with a valuable takeaway: “The failure of a 90-percent effective method is terrible luck; the failure of a 99-percent effective method is verging on a freakish accident. Putting too much weight on the 99-percent figure may lead some PrEP users to perceive virtually zero HIV risk when they should really be thinking about very low risk.” Something would-be PrEP users certainly have a need to understand. Still, Barro acknowledges that “from a policy perspective, the difference between 92 percent and 99 percent is not necessarily very important: Either way, PrEP looks to be a highly useful tool for reducing the spread of HIV.” And for that public health advance, we should all be cheering.

Earlier this summer, the building was sold to a developer who kicked them out. Mark and Richard intend to re-open in a new location, and the search is underway. The memories that were created, the relationships formed, the lives shaped by this small gay bar in Brooklyn, against the backdrop of monumental events in history, cannot be erased. And so, the spirit of Excelsior lives on.

The only surprise is that it happens here in France, which has been in the midst of an openly declared gender war since the adoption of a marriage equality law in 2013. There were huge demos against it, mobilizing hundreds of thousands. The most vociferous opponents weren’t so much against marriage rights per se as horrified by the idea that same-sex unions will lead to the erosion of... gender roles. Their logo looked like the door signs for segregated bathrooms — little men in suits, little skirted figures. I think they were even in blue and pink. Adoption and birth certificates send them right over the edge. It will be the end of the world if Par-

ent 1 and Parent 2 replace “Mother” and “Father.” Legal changes like that can apparently have a countrywide effect, leading to the shrinking of penises and the unexpected growth or disappearance of tits. Now they’re screaming about gender in schools and denouncing any curriculum that teaches the kids that little girls can be anything they want. Just like boys. Bring on the Freudians. We’ve got a severe case of capricious gender anxiety here. Kelly Cogswell is the author of “Eating Fire: My Life as a Lesbian Avenger,” published this year by the University of Minnesota Press.

August 07 - 20, 2014 | www.gaycitynews.com

SOME ENCHANTED EVENING

COURTESY: JON GILBERT

NASSAU, from p.6

so, absent extraordinary circumstances, had no standing to seek custody. The attorney appointed to represent the child’s interests also opposed Jann’s petition. In response, Jann invoked the legal doctrine of “equitable estoppel,” which courts use to block a party from making a legal argument inconsistent with their past actions. Jann pointed to the separation agreement that identified both women as parents and to the fact that she had acted as a parent to John throughout his life. Dane recognized the significance of the issue Jann’s petition raised — one that “the courts and legislature of this State will likely be addressing for some time to come, namely, are there circumstances under which a spouse in a same-gender marriage has standing to seek custody of a child who is not biologically related to the petitioning spouse, but was considered by both spouses to be a child of the marriage?” The marriage equality act, the judge noted, “took a significant step in redefining long-standing concepts of what constitutes a family under the laws of this State,” but, he added, “it is apparent that this process of evolution is incomplete.” Responding to Jann’s equitable estoppel argument, Dane looked to precedents from the Court of Appeals, the state’s highest bench, and found such claims could not be asserted. A precedent dating back to 1991 — a case known as Alison D. v. Virginia M. — refused to take | August 07 - 20, 2014

any account of modern LGBT family arrangements and gave no legal standing to a parent without biological ties to a child raised by a samesex couple. Had Jann been married to Jamie when John was born — and it could be the child’s birth in 2011 came before the July 24 effective date of the marriage equality law that year — she could have relied on the legal presumption that the offspring of a married couple is the child of both spouses. Alternatively, Jann pointed to New York cases allowing a man who married a woman who already had children to seek to establish parental rights based on the relationship he developed with the children. Here, Dane drew the sobering conclusion that while New York law provides a procedure for establishing paternity, it has no such approach on the question of maternity. Dane suggested that the Legislature should address this issue, perhaps by amending the Family Court Act to provide same-sex co-parents with the same legal remedies that a man in the same situation would have. “The inequity of the imbalance of remedies available to the petitioner is highlighted in this case,” wrote Dane, “by the parties’ separation agreement, which clearly indicates that the parties viewed the petitioner as John’s parent, contemplated the possibility of the parties sharing custody of John, and gave the petitioner specific visitation rights.” Dane pointed out that separation agreements “are not enforceable in

Family Court,” but he added that “they may be enforceable in a matrimonial action.” It’s possible, then, that Jann would get somewhere in her quest for custody by filing a divorce petition. Scheeckutz, Jann’s attorney, told the Law Journal that since Dane’s ruling, John has been removed from Jamie and placed

COURTESY: JON GILBERT

Pines Party 2014, with a “South Pacific” theme, enjoyed the favor of mid-summer beach weather for an all-night bash that raised funds for the Stonewall Community Foundation — which supports LGBT charitable and non-profit groups in the New York area — as well as the Fire Island Pines Property Owners Association. Music was provided by Chus + Ceballos and DJ Marabito. And, oh yeah, Gay City News was proudly a sponsor.

in foster care because of a neglect petition. He said an appeal of Dane’s ruling is planned and that Jann may attempt to intervene in the neglect proceeding. Jamie is represented by the Legal Aid Society of Nassau County, and attorney Dennis Monahan was appointed by the court to represent John.

VIRGINIA, from p.8

Justice Antonin’s Scalia’s dissent in last year’s DOMA case, in which he warned that once it is concluded that the 1996 federal law was motivated by “bare desire to harm” same-sex couples, “how easy it is, indeed how inevitable” to conclude that is the motivation for state marriage bans as well. “Inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws,” Floyd wrote. “Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and

SIXTH CIRCUIT, from p.9

When the states argued that gay people should resort to the political process on a state-by-state basis, she pointed out that the push to win women’s right to vote stretched over 78 years and eventually had to go national with a federal constitutional amendment. The activist on the panel, in terms of controlling the flow of the argument and asking frequent questions, was Jeffrey Sutton, also appointed to the court by George W. Bush and also generally considered very conservative. According to press accounts, he is a strong supporter of states’ rights and of reigning in the federal government. But he surprised many observers when he wrote an opinion for the Sixth Circuit rejecting a constitutional challenge to the Affordable Care Act, and some have suggested he

publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support, and security. The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying samesex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.” In contrast, Niemeyer asserted that the arguments the defendants made sufficed to uphold Virginia’s ban when it was subjected to def-

erential review. Disclaiming any view about whether same-sex couples should be allowed to marry as a matter of public policy, Niemeyer asserted this was a decision for the state to make — and its voters had done so by adopting the 2008 marriage amendment. Niemeyer became only the second federal judge to rule against a marriage equality claim since District Judge Robert Shelby got the post-DOMA ball rolling with his Utah marriage decision in December. The first was the dissenter in the two recent 10th Circuit rulings — in Utah and Oklahoma — Judge

Paul Joseph Kelly, also appointed by the first President Bush a quarter century ago. Every other federal judge, whether appointed by a Democratic or a Republican president, has ruled for marriage equality. There are 14 active judges serving on the Fourth Circuit, nine of whom were appointed either by Clinton (counting Judge Gregory) or Obama. Faced with that line-up, it is not surprising that the two county clerks’ attorneys are bypassing en banc review and petitioning the Supreme Court directly, as the State of Utah has done in response to the 10th Circuit’s ruling.

could be the swing voter here. One could conclude from his questions and comments that he was sympathetic to the case being made for the same-sex couples. At the same time, over and over he referred to “pacing” — that different states might proceed through their democratic processes at different speeds, and in the federal system where the defining of marriage has traditionally been a state function, that could be permissible. Noting recent marriage equality successes at the ballot box and in state legislatures, Sutton asked whether the courts really were the preferred vehicle for advancing the cause. And he talked about the value of “winning the hearts and minds” of the public. One had the sense, listening to Sutton, that he was not opposed to the idea of same-sex marriage, but was sympathetic to the argument by the states that they should be

allowed to move along on the issue at their own pace. Sutton posed to several lawyers the question whether there would be significant practical difficulties in implementing marriage equality rulings, but the state lawyers were unable to think of many, and the attorney for the Ohio couples pointed out that a simple definition statute substituting gender-neutral terms throughout the state code would take care of the problem. The lawyers for the plaintiffs did an excellent job explaining why state bans on same-sex marriage were no longer constitutional in light of the Supreme Court’s decisions striking down a Colorado anti-gay voter initiative in 1996, the Texas sodomy law in 2003, and DOMA’s ban on federal recognition of same-sex marriages last year. And the lawyers for the states seemed to be grasping at straws in their attempts to persuade

the court that the1972 statement by the Supreme Court that the issue of same-sex marriage did not involve a “substantial federal question” was still binding on lower federal courts. Since the DOMA ruling, every lower court that has ruled in a marriage equality case has agreed that the 1972 precedent is no longer relevant. Today, it hardly seems credible to suggest that it does not present substantial federal constitutional issues. Lawyers arguing for the samesex couples were Carole Stanyar of Michigan, Alphonse Gerhardstein of Ohio, Laura Landenwich of Kentucky, and William Harbison of Tennessee. Lawyers arguing for the states were Michigan Solicitor General Aaron Lindstrom, Ohio Solicitor General Eric Murphy, Leigh Gross Latherow of Kentucky, and Tennessee Acting Solicitor General Joe Whalen. The plaintiffs’ attorneys seemed to make the most effective arguments, though none of the states’ advocates could be dismissed as ineffective. The arguments were sophisticated and Judges Sutton and Daughtrey seemed very engaged. Sutton voiced praise for Harbison’s arguments on behalf of the Tennessee plaintiffs. At the conclusion of the day, Sutton acknowledged that the Sixth Circuit was not the final stop for these cases, saying the panel hoped to get an opinion out quickly. He clearly recognized that the sooner the court issues its decision, the more likely it will be included among the cases jockeying for position at the Supreme Court this fall as the one selected to make the ultimate determination nationwide.

IN OTHER MARRIAGE NEWS… In the frantic pace of marriage equality litigation nationwide, other key developments are: The State of Utah filed its petition for Supreme Court review of the 10th Circuit Court of Appeals decision striking down its same-sex marriage ban: Gay City News’ Arthur S. Leonard said the petition, filed by Governor Gary Herbert and Attorney General Sean Reyes, both Republicans, “is well-calculated to persuade the high court that they should take the case. They have positioned this as a federalism case, their main pitch being that the task of defining marriage is left under our constitutional scheme to the states, and that federal courts should not dictate how that term is to be defined.” Virginia’s Democratic attorney general, Mark Herring, who opposes his state’s ban, indicated he will file a petition on August 8 seeking Supreme Court review of the Fourth Circuit ruling that struck it down. Jumping the gun on the ban’s defenders, Herring clearly hopes to get the case before the high court as

it decides which of the numerous federal challenges to hear in the term beginning in October. Should the Virginia case be granted review, it will give State Solicitor General Stuart Raphael, who argued very effectively before the Fourth Circuit, the chance to frame the marriage equality issue before the Supreme Court. The Colorado Supreme Court put an end to gay marriages in Boulder on July 29. Due to an editing error, our reporting in the last issue incorrectly stated that a July 18 ruling from that state’s high court halted all localities from issuing licenses in response to state and federal rulings striking down that state’s same-sex marriage ban (those rulings are now under appeal). In fact, the earlier order did not apply to Boulder, which continued issuing licenses until the second order came down from the State Supreme Court. Following a July 17 Monroe County ruling striking down Florida’s gay marriage ban, three more state judges there —in Dade, Broward, and Palm Beach Counties — reached similar conclusions. All of the rulings have been stayed, pending appeal. — Paul Schindler

August 07 - 20, 2014 | www.gaycitynews.com

HOW ALL THE PRESIDENTS’ MEN & WOMEN HAVE RULED ON MARRIAGE EQUALITY BY PAUL SCHINDLER

ach of the last eight presidents has appointed at least one judge who has ruled on questions of marriage equality. The chart below shows how judges appointed by each of them have decided issues including the right to marry, state recognition of out-of-state marriages, federal recognition of legally valid marriages (in challenges to the Defense of Marriage Act), and California’s Proposition 8. Rulings from each president’s appointees are shown with the most recent rulings first, the earliest to their right. Unfavorable rulings are indicated by an X through the appointing president’s face. Where a judge has been appointed to a district court seat by one president and then to the circuit court by a successor, each appointing president is shown. (The same applies to Fourth Circuit Judge Roger L. Gregory, who was seated on a recess appointment by Bill Clinton and won Senate confirmation after he was re-appointed by George W. Bush; and District Judge Vaughn Walker, who was appointed by Ronald Reagan, but not confirmed until re-nominated by George H.W. Bush.) Even though the Supreme Court justices voted in last year’s DOMA case — with one Republican appointee joining four Democratic-named justices in a majority versus four GOP appointees — they are not represented in the chart below because they still face the ultimate question of nationwide marriage equality. BARACK OBAMA Pro: Circuit Court Judge Henry F. Floyd, Fourth Circuit majority, Virginia marriage, 7/28/14 (appointed to the district court by George W. Bush); Judge Raymond P. Moore, Colorado marriage, 7/23/14; Judge Sharon Johnson Coleman, Cook County licenses before Illinois law effective, 2/21/14; Judge Arenda L. Wright Allen, Virginia marriage, 2/13/14; Judge Timothy S. Black, Ohio recognition, 12/23/13 & 4/14/14; Judge Robert Shelby, Utah marriage, 12/20/13; Judge Thomas M. Durkin, license for terminally ill woman before Illinois law effective, 11/25/13; Circuit Judge Christopher F. Droney, Second Circuit DOMA majority, 10/12/12 (appointed to the district court by Clinton). GEORGE W. BUSH Pro: Circuit Judge Roger L. Gregory, Fourth Circuit majority, Virginia marriage, 7/28/14 (originally Clinton recess appointment); Circuit Court Judge Henry F. Floyd, Fourth Circuit majority, Virginia marriage, 7/28/14 (appointed to the district court by GW Bush, appointed to the circuit court by Obama); Circuit Judge Jerome A. Holmes, 10th Circuit majority, Oklahoma marriage, 7/18/14, & | August 07 - 20, 2014

Infographic by Michael Shirey. Barack Obama photo courtesy of The White House/ Pete Sonza/ Wikipedia. George W. Bush photo courtesy of The White House/ Eric Draper/ Wikipedia. Bill Clinton photo courtesy of the White House/ Bob McNeely/ Wikipedia. George H. W. Bush photo courtesy of Wikipedia. Ronald Reagan photo courtesy of Wikipedia. Jimmy Carter photo courtesy of the Department of Defense/ Wikipedia. Gerald Ford photo courtesy of David Hume Kennerley/ Wikipedia. Richard Nixon photo courtesy of Wikipedia.

Utah marriage, 6/25/14; Judge Vanessa L. Bryant, DOMA district court ruling, 7/31/12; Judge Jeffrey White, DOMA district court ruling, 2/22/12. Con: Judge Robert C. Jones, Nevada marriage, district court ruling; 11/9/12; Circuit Judge N. Randy Smith, Ninth Circuit Prop 8 dissent, 2/7/12.

Jones, DOMA district court ruling, 6/6/12; Circuit Judge Sandra Lynch, First Circuit DOMA majority, 5/31/12; Circuit Judge Michael Daly Hawkins, Ninth Circuit Prop 8 majority, 2/7/12. Con: Circuit Judge Chester J. Straub, Second Circuit DOMA dissent, 10/12/12.

BILL CLINTON Pro: Circuit Judge Roger L. Gregory, Fourth Circuit majority, Virginia marriage, 7/28/14 (confirmed after GW Bush appointment; recess appointment by Clinton); Judge Carlos F. Lucero, 10th Circuit majority, Utah marriage, 6/25/14, and Oklahoma marriage, 7/18/14; District Judge Richard L. Young, Indiana marriage, 6/25/14; Judge Dale A. Kimball, recognition of Utah marriages licensed prior to stay, 5/19/14; Judge Aleta A. Trauger, Tennessee recognition, 3/14/14; Judge Orlando L. Garcia, Texas marriage, 2/26/14; District Judge Terence C. Kern, Oklahoma marriage, 1/14/14; Circuit Judge Christopher F. Droney, Second Circuit DOMA majority, 10/12/12 (appointed to the district court by Clinton, appointed to the circuit court by Obama); Judge Barbara S.

GEORGE H. W. BUSH Pro: Judge John G. Heyburn II, Kentucky recognition, 2/12/14 & 7/1/14; Circuit Court Judge Dennis Jacobs, Second Circuit DOMA majority, 10/12/12; Circuit Judge Michael Boudin, First Circuit DOMA majority 5/31/12; Judge Vaughn Walker, Prop 8 district court ruling, 8/4/10 (first appointed by Reagan, but not confirmed). Con: Circuit Court Judge Paul V. Niemeyer, Fourth Circuit dissent, Virginia marriage, 7/28/14 (appointed to district court by Reagan); Circuit Judge Paul J. Kelly, Jr., 10th Circuit dissent, Utah marriage, 6/25/14, & Oklahoma marriage, 7/18/14. RONALD REAGAN: Pro: Judge Bernard A. Friedman, Michigan

marriage, 3/21/14; Circuit Judge Juan R. Torruella, First Circuit DOMA majority, 5/31/12 (appointed to district court by Ford); Circuit Judge Alex Kozinski, DOMA administrative ruling, 1/9/12; Judge Vaughn Walker, Prop 8 district court ruling, 8/4/10 (confirmed after GHW Bush appointment, but first appointed by Reagan). Con: Circuit Court Judge Paul V. Niemeyer, Fourth Circuit dissent, Virginia marriage, 7/28/14 (appointed to district court by Reagan, appointed to circuit court by GWH Bush). JIMMY CARTER Pro: Judge Barbara Crabb, Wisconsin marriage, 6/6/14; Judge Stephen Reinhardt, Ninth Circuit Prop 8 majority, 2/7/12. GERALD FORD Pro: Circuit Judge Juan R. Torruella, First Circuit DOMA majority, 5/31/12 (appointed to district court by Ford, to circuit court by Reagan). RICHARD NIXON Pro: Judge Joseph Tauro DOMA district court ruling, 7/8/10.

REAL ESTATE

Where an Elevated Spine is the Cherry on Top High Line, Meatpacking District, Chelsea comprise West Side stretch of Manhattan’s fastest changing neighborhoods

BY LAUREN PRICE

Only minutes from the High Line, Halstead Property is curWARBURG REALTY

ntertwined neighborhoods stretching from Gansevoort Street to 34th and from Broadway to the Hudson River, the Meatpacking District, the Highline, and Chelsea are among Manhattan’s most sought after residential locales. The Meatpacking District runs roughly from Horatio Street west of Eighth Avenue north to West 16th. Within that cluster of blocks, the High Line Park begins at Gansevoort Street and tracks north to 30th Street between 10th and 12th Avenues (the final phase, close to completion, winding around the west edge of the Hudson Yards project and up to 34th Street). Chelsea, whose boundaries encompass nearly all of the High Line, runs from about 14th Street to 29th between the Hudson River and Broadway. Before its gentrification, the Meatpacking District was just that. By the late 19th century, this cobblestoned historic district was filled with as many as 250 meat markets and slaughterhouses. Currently, less than a dozen remain in operation. A neighborhood where Florent Morellet’s eponymous French bistro was for decades a 24/ 7 pioneer is now home to hot designer shops, like Alexander McQueen, Stella McCartney, Tory Burch, and Diane von Furstenberg. The streetscape also includes art galleries, tony clubs, and hard-to-get-a-table restaurants. The High Line represents a remarkable transformation of an abandoned strip of a freight rail line — which operated from 1930s to the ‘80s — into a beautifully landscaped public park, the world’s second major elevated park (thehighline.org) — the first being Paris’ Promenade Planteè, a three-mile stretch from Avenue Daumesnil to the Bois de Vincennes on the city’s eastern edge (tinyurl.com/ phkc96h). The High Line was saved from likely demolition when a community-based non-profit stepped up in 1999 to push for its preserva-

or private garden. The four corner towers are co-ops, with the remaining 10 buildings rentals. According to several real estate industry professionals, current median sale prices in the neighborhood hover around $1.9 million. Average monthly rentals range from $3,600 for a studio to about $4,500 for a two-bedroom unit.

The living room of a three-bedroom loft at 520 West 19th Street.

tion and redesign. By 2002, the city was on board, and three years later CSX Transportation began a series of donations of portions of the line, ensuring the project would blossom. By 2011, the first two phases were completed, taking the park north to 30th Street. A magnet for strolling locals and tourists alike, the park has become a huge hit — and convinced the Whitney Museum of American Art to relocate to the rail line’s south terminus by mid2015. (whitney.org) It was in the mid-18th century when Thomas Clarke, a retired British army major, purchased almost 100 acres of land and named it after a London veterans’ hospital. On a hilltop, he built a country estate overlooking the Hudson River, where London Terrace sits today. Chelsea played an important role in the early days of the motion picture business, with Mary Pickford, the Canadian Oscar winner who became “America’s sweetheart,” shooting some of her earliest movies there. By 1912, however, filmmakers had already started their migration to California. Through much of the 20th century, Chelsea was a down-at-theheels neighborhood with a large number of factories and warehouses. But by the early 1970s, a

stream of gay men, many priced out of the West Village, began moving to the neighborhood, though not always without tensions. The New York City Gay and Lesbian Anti-Violence Project grew up there out of informal gay street patrols. The 2010 Census found a population of 35,000 in the neighborhood, which by then had for some years been a world-class art district. The High Line Park, the eclectic Chelsea Market (chelseamarket.com), the Chelsea Hotel, a bohemian redoubt for generations (chelseahotels.com), and celebrity-filled eateries like Del Posto (delposto.com) and the Breslin Bar (thebreslin.com) have upped the ante in a district now full of blue chip real estate.

ON THE MARKET A neighborhood once dominated by 19th century brownstones and row houses has seen an explosion of mid-rise and high-rise rentals, condos, and co-ops, one that amped up considerably in the last decade as the High Line Park took shape. Big buildings, however, are not new to the neighborhood. Pre-wars have long been a feature there, and none is more famous than London Terrace, which occupies a full city block from Ninth to 10th Avenues, between 23rd and 24th Streets, enclosing an interi-

rently listing a light-filled one-bedroom duplex with a south-facing terrace inside a gut-renovated Federal-style townhouse built in the 1800s. Located two flights up at 443 West 24th Street between Ninth and 10th Avenues, the residence is priced at $1.155 million. It features a washer and dryer, hardwood floors, floor-to-ceiling windows, recessed lighting, custom closets, and motorized shades throughout. The reconfigured open kitchen was designed by the Italian firm of Molteni & C Dada of Soho, is outfitted with appliances by Smeg, Bosch, and Liebherr, and has light elm wood cabinetry. The upper level bedroom, which accesses the landscaped terrace, has an en suite bathroom dressed in slate tiles. (halstead.com/sale/ny/manhattan/chelsea/443-west-24thstreet/coop/10325145)

A lovely three-bedroom loft is now listed for $4.285 million with Warburg Realty at 520 West 19th Street between 10th and 11th Avenues. Recently renovated, it offers more than 2,000-square-feet of living space. Sunny to the max, the south and north views provide excellent eyefuls of both the Hudson River and Manhattan’s skyline. Features include 10-foot ceilings, floor-to-ceiling windows, walk-in closets, and custom-built cabinetry in the living and dining room. The new kitchen’s light wood cabinetry is topped with stone and appliances, including a wine fridge, by

HIGH LINE, continued on p.19

August 07 - 20, 2014 | www.gaycitynews.com

HIGH LINE, from p.18

A one-bedroom co-op at 160 Ninth Avenue between 19th and 20th Streets is now listed with TOWN Residential. Inside a 1920 pre-war building, it boasts high ceilings, exposed brick walls, hardwood floors, and a decorative fireplace. Facing southeast, it provides lovely garden views and lots of light. The open kitchen and bathroom were renovated a year ago. The kitchen has stainless steel appliances and granite countertops. Built-in, through-wall air-conditioning and ample overhead storage can be found in the

With full city views on a quiet tree-lined cobblestone street around the corner from the High Line Park, Hudson River Park, Abingdon Square, and the Meatpacking District, a triple-mint studio at 354 West 12th Street between Greenwich and Washington Streets is the very definition of location, location, location! It has 10-foot ceilings, exposed brick, tall arched windows, beautiful woodwork, a decorative fireplace, refinished hardwood floors, and terrific closet space. The kitchen features solid cherry cabinetry with extra storage, honed granite counter tops, and appliances from Viking and Sub-Zero. The bathroom is outfitted with glass mosaic tile, a unique bronze vessel sink, and Philippe Starck-designed Hansgrohe fixtures. The building features a large landscaped common garden and has a live-in super. This co-op

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Miele, Sub-Zero, and Gaggenau, with an adjacent washer/ dryer area. The marbled en suite master bathroom has a double-sink vanity as well as a separate glass-door shower and soaking tub with marble surrounds. A luxury condominium, the building offers roundthe-clock doorman/ concierge services and private storage. (warburgrealty.com/proper ty/47440620140711)

bedroom. Priced at $669,000, the monthly maintenance is low. ( t o wn r e a l e state.com / sal e/ id-234637/160-ninth-avenue-2rchelsea)

The private terrace in a one-bedroom duplex at 443 West 24th Street.

is priced at $430,000. (corcoran.com/nyc/listings/display/3229859)

No-fee rentals are available at the new Abington House at 500 West 30th Street between 10th and 11th Avenues, which is leasing studios to two-bedroom units with open plans, a select number of which have private outdoor space. South and west-facing units offer breathtaking views of the

High Line, the Hudson River, and Manhattan’s skyline, and all the residences feature large windows, oak floors, and washer/ dryers. The building has three communal terraces, including one dedicated to barbequing along with party rooms, indoor/ outdoor screening rooms, lounge areas (one with five iMacs), and Dog City for walking, play date, grooming, and training services. Rents start at $3,600 per month. (related.com)

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BY DAVID KENNERLEY

ave you ever walked out of a Broadway show scratching your head and muttering, “I paid over a hundred bucks for this?” Sure, plenty are sensational, but others are so polished, pandering, or just plain ill-conceived they seem more about recouping mega investments than actually communicating inspired ideas in fresh ways.

FRINGENYC 18th Annual New York International Fringe Festival The Present Company Various downtown venues Aug. 8-24 $18 at fringenyc.org

Mykel Vaughn in Bjorn Berkhout’s “The Hurricane.”

ANDREW COWLES

LLOYD MULVEY

And audiences are getting wise. Of the 40-plus new shows of the 2013-2014 season, only a handful are still standing (the hotly anticipated “Rocky” and “Bullets Over Broadway” being the latest misfires to bite the dust). Even not-forprofit Off Broadway companies are feeling pressure to stage hits, often tempering artistic risks. The antidote? Head on downtown to the 18th Annual New York International Fringe Festival, produced by the Present Company, where the troupes are committed and hungry and have something urgent to say. Mostly volunteering their time, they work within miniscule budgets and punishing conditions (for instance, they have precious few minutes to set up and then strike the set to make way for the next group). With more than 200 shows in 18 venues taking place August 8 to 24, there’s something for everyone. And it only costs $18. Granted, a fair number of shows miss the mark, but for sheer exuberance and ingenuity, FringeNYC can’t be beat. Take “The Hurricane,” for example. It’s a riff on “The Tempest,” but this one is set on present-day Fire Island — and it’s a full-on musical. “I like that FringeNYC takes risks and there are definitely things about this show that are risky,” said the show’s creator, Bjorn Berkhout. “Fringe’s diverse audience is looking for something new, which is easier to do in a smaller production.” He noted that the modest Fringe venues allow more intimacy between actors and audiences. Not that adapting the Shakespeare staple was easy. He pared down the story to just eight characters, reimagining Prospero as a mysterious transgender madam. Their entire set budget was eaten up buying a few chairs. Berkhout could have produced a clever spoof and stopped there, but he wanted to bring out

Cast members from Erik Ransom’s “Coming: A Rock Musical of Biblical Proportions,” directed by Rachel Klein.

substance as well. “I also wanted a show where the gay and transgender characters drive the action rather than respond to situations beyond their control,” he explained. “I wanted them to be spirited and powerful.” Why see his show? “This is a daring new musical with a rich and tuneful score that explores the gay side of Shakespeare’s characters,” Berkhout enthused. “The story is both humorous and touching. The cast is fantastic.”

One of the edgier gay-interest shows this year is “Coming: A Rock Musical of Biblical Proportions,” a demented mash-up of “Rocky Horror,” “Hedwig and the Angry Inch,” and “Jesus Christ Superstar.” It’s a glitzy comedy featuring a gender-bending, coke-snorting, pop-star Antichrist with a drag queen’s predilection for one-liners. “Fringe flies high without a safety net,” Erik Ransom, the show’s creator, said, pointing out that many productions have lofty ambitions and unique morals to their story. “You’ll find riskier work in the Fringe because we’re a bunch of scrappy companies making art without having to answer to investors or producers who may be averse to putting their names and money behind something controversial.” The plucky playwright admits that under the glitter and sequins, the show beats with an iconoclastic heart. “We dress up, we rock out, we crack dirty jokes, and we blaspheme,” he said. “But I’d like to think this show [offers] more than just a campy night out. We touch on some really serious issues pertaining to bigotry and hate crimes, the equal rights of LGBTQ individuals and our place in society, and much more. Come for the glitz and stay for the wits!” Another provocative offering is Joe Norton’s “The Truing,” which follows a group of intrepid AIDS riders on a trip fraught with all manner of problems. “One of the first things I did to make sense of my own HIV diagnosis was to go work for the AIDS Rides, which were new at the time [in1994],” the playwright said. “That experience and those people changed my life, and made me realize that I could be a part of the fight, that I could contribute to the solution, and that I belonged to a community.” Norton explained the play is a fictional story based on events that actually happened on the rides, and the characters are composites of people he knew. “I’m positive 22 years now,” he said. “I’m happy the rides are still happening. This is a story I’ve been wanting to tell for a long time, but of course, it’s changed so much as the face of the epidemic, and the fight against it, and even the rides themselves have changed. But the people haven’t — they are still as compassionate and resilient as in the beginning. This play is a tribute, in a way, to anyone living with or helping those with HIV/AIDS through the years.” Of course, this being the Fringe, the show manages to find humor in dicey situations. “We’ve got a magical bicycle and a drag queen chicken,” Norton said. “And a port-o-potty — but nobody in the audience can use it. Only us.”

FRINGE, continued on p.26

August 07 - 20, 2014 | www.gaycitynews.com

THEATER

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Short and Shorter Six one-acts are uneven, but delightfully mutilated Shakespeare is comic gold

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nevenness is inherent in any evening of short plays, but among the six pieces that make up the Summer Shorts series at 59E59, there are two plays and four performances that are not to be missed. “Napoleon in Exile” by Daniel Reitz and “The Mulberry Bush” by Neil LaBute — both of which run in the program’s Series B — are extraordinary and in a different class entirely from the others.

SUMMER SHORTS 59E59 Theaters 59 E. 59th St. Series A & B in repertory Through Aug. 30 Tue.-Thu., Sun. at 7:15 p.m. Fri.-Sat. at 8:15 p.m. Sat.. at 2:15 p.m.; Sun. at 3:15 p.m. $25; both series bought together, $40 Ticketcentral.com or 212-279-4200 Series A: 80 mins., no intermission Series B: two hrs., with intermission

“Napoleon in Exile” is the story of a 25-year-old autistic man and his divorced mother. Having lost his menial job in a hospital, he spends his days playing Minecraft, while she deals with a cancer diagnosis. The play’s central question | August 07 - 20, 2014

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is “What do we do now?” This is a delicate play of human suffering that is often quite hilarious — as even the direst situations can be. Reitz writes with a clear understanding of autism, how those who have it communicate, and the fierce love, tempered by acceptance and resignation, that characterizes the parents of those living with it. Under the elegant direction of Paul Schnee, Henny Russell as the mother Evelyn and Will Dagger as her son Corey have a wonderful chemistry. Both inhabit their roles beautifully, Russell with a level of understatement and simplicity that is consistently affecting and Dagger with a detailed appreciation for autistic behaviors and the emotional gaps many people on the autism spectrum experience. As these two damaged people struggle to communicate and strain toward a resolution, they provide a powerful and heartbreaking metaphor for anyone trying to figure out what’s next. “The Mulberry Bush” is classic LaBute. Two men meet in a park, one confronts the other, and inevi-

SHORT, continued on p.27

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FILM

For Your Consideration Joaquim Pinto shares sights and sounds from his life, his love, and his challenges BY STEVE ERICKSON

ortuguese director Joaquim Pinto’s documentary “What Now? Remind Me” speaks for itself: “We talk about lives, about experiences.” These words come from his recollection of an appearance at Lisbon’s Cinematheque, but they sum up his autobiographical film’s approach. THE CINEMA GUILD

WHAT NOW? REMIND ME Directed by Joaquim Pinto In Portuguese with English subtitles The Cinema Guild Opens Aug. 8 Elinor Bunin Munroe Film Center 144 W. 65th St. filmlinc.com

“What Now? Remind Me” chronicles a year in the HIV-positive filmmaker’s life, during which time he underwent experimental treatment for that virus and hepatitis C, but it also explores his lifelong store of memories. Pinto’s methods synthesize the avant-garde diary films of Jonas Mekas and the cinematic essays of Chris Marker, but “What Now? Remind Me” doesn’t

Joaquim Pinto and his husband, Nuno Leonel, in Pinto’s autobiographical documentary “What Now? Remind Me.”

exactly look like the work of either of those directors. He’s fonder of long takes and less abrasive cutting than Mekas and he’s far more open than Marker, who was so notoriously camera-shy that he wouldn’t even show his face in other people’s films, much less his own. By contrast, Pinto films himself having sex with his husband, Nuno Leonel. Pinto’s background lies in sound recording and production. He worked with Manoel de Oliveira

and late filmmakers like Raúll Ruiz, Werner Schroeter, and João César Monteiro before turning to directing himself in 1988. His involvement with sound is palpable from the way “What Now? Remind Me” so frequently joins together seemingly incompatible images and voice-overs. To pick one example, Pinto discusses the toxicity of HIV medications on top of images of an almost empty train station. He never seems to be doing this to jar the viewer; rather, “What Now?

Remind Me” intends to cram as much information into the frame as it possibly can. It’s a reminder that sound can be as cinematic as sight. In terms of visual style, “What Now? Remind Me” relies heavily on superimpositions. There’s a sensuality to its images that belies that the generally grim details of Pinto’s life. But the superimpositions also have a ghostly, almost supernatural quality, especially when Pinto uses them to double or triple his body. Sometimes, the film is extremely plainspoken: there are scenes where Pinto simply lies in bed and talks to the camera or watches TV news for a minute or two. Fake illness wins actors Oscars. Real illness is much less glamorous. Pinto doesn’t stint on images of himself getting injections or having blood drawn from his arm. “What Now? Remind Me” is a corrective to the heteronormative “Dallas Buyers Club,” a report on what it’s like to live with HIV right now. The most readily available HIV medications seem to have failed Pinto, and the fact that he also has hepatitis C complicates his treatment. However, he

WHAT NOW?, continued on p.25

Young Adults Get to Grow Up With “Jealousy,” Philippe Garrel puts down the drugs BY STEVE ERICKSON

ver the past 10 years, French director Philippe Garrel’s work has finally achieved steady, even if marginal US distribution. He made his first short 50 years ago, but it took him decades to get any kind of serious recognition outside France. To some extent, that can be explained by the non-narrative nature of his early films, but when he returned to filmmaking in the early ‘80s after an extended break, he seemed willing to jump into a somewhat more conventional kind of arthouse cinema.

JEALOUSY Directed by Philippe Garrel In French with English subtitles Distrib Films Opens Aug. 15 Elinor Bunin Munroe Film Center 144 W. 65th St. filmlinc.com

Unfortunately, he returned to cinema just as American interest in French art film plummeted — Luc Besson became the new face of the nation’s cinema, not Éric Rohmer. The obscurity of Garrel’s work means that most of the attention it’s received in the US has been completely uncritical — his audience is self-selected and the few

people interested in writing about it are destined to like it. As for me, I was quite enthusiastic about Garrel through “Regular Lovers,” his 2004 epic about the rebellion of May ‘68, but his two films made afterwards turned me off. I wrote in these pages that “Frontier of Dawn” reminded me of an exquisitely bound book of teenage Goth poetry. Garrel’s tendency to romanticize hard drugs and suicide gradually began grating on me, although it was already evident in much of the work I liked, including “Regular Lovers.” “Jealousy” does not hit the highs of “Regular Lovers” — it’s a much smaller-scale, deliberately minor work — but it’s a big improvement

over “Frontier of Dawn” and “A Burning Hot Summer.” In a prologue, parents Louis (Louis Garrel, the director’s son) and Clothilde (Rebecca Convenant) are watched by their daughter Charlotte (Olga Milshtein) through a keyhole. The couple breaks up, and Louis takes a new girlfriend, Claudia (Anna Mouglalis). Both Louis and Claudia are actors. Louis is poor, but has a marginal amount of success, while Claudia hasn’t found a role in years and considers clerical work at an architectural firm as a way to pay the bills. Charlotte meets Claudia and likes her a great deal. Claudia and Louis’ rela-

JEALOUSY, continued on p.31

August 07 - 20, 2014 | www.gaycitynews.com

FILM

Leave Nothing Behind

PLAY DINE UNWIND

A precious look at an Iranian gay artist whose imprint has gradually vanished

Over 5,000 Games. Minutes Away!

MUSIC BOX FILMS

The late gay Iranian artist Bahman Mohasses.

BY GARY M. KRAMER

he gay Iranian artist Bahman Mohasses, who died at age 79 in 2010, is the subject of a fascinating documentary, “Fifi Howls From Happiness.” The film is named after one of Mohasses’ paintings — arguably his favorite, one he carried to many exhibitions. Most of his work, he explains in the film, has been destroyed.

FIFI HOWLS FROM HAPPINESS Directed by Mitra Farahani Music Box Films Opens Aug. 8 Lincoln Plaza Cinema 1886 Broadway at 63rd St. lincolnplazacinema.com

The film opens with a collector explaining his obsession with Mohasses’ art and how there are no real visible traces of him. Director Mitra Farahani, however, locates Mohasses living in a room at the Hotel Sacconi in Rome. She won’t reveal how she found him, but she does share her interviews with him, in which she elicits remarkable comments. “My entire world is here,” Mohasses tells her, by way of explaining why he no longer leaves his hotel. The first and better half of “Fifi Howls From Happiness” allows the artist to tell his story. At points, he directs Farahani, instructing her | August 07 - 20, 2014

to show images of the city or of the sea as he reflects on his work and on episodes from his life. The filmmaker also incorporates her own visual themes — a fish, to symbolize the artist, and nudists on a beach, who echo famous sculptures Mohasses created. Likely unknown to many, Mohasses is an engaging subject and Farahani showcases him and his work well. The artist can be warm and witty, as when he recounts the story of “The Flutist,” a sculpture he made that couldn’t be displayed because it featured nudity. When finally installed in Tehran, the royal family insisted that underpants be added to the sculpture. Eventually, Mohasses relates, the shorts were blown away by the wind and rain. Couples on dates now arrange to meet under the statute, the artist gleefully says. That Mohasses’ works — soothing, beautiful sculptures and vivid and surreal paintings — are censored is really no surprise. He recalls someone commenting, “That’s quite a dick” upon seeing the artist’s sculpture “Special Messenger.” The piece was commissioned for a Tehran museum that, Mohasses speculates, “probably destroyed it.” But the artist admits to having destroyed many of his own paintings. Two dozen canvases shown in a stunning montage were all cut up by Mohasses, according to the

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FIFI, continued on p.28

IN THE NOH

A Preston Sturges Gem from the Attic Newfest highlights include high-flying “Blackbird”; classic Hollywood melodrama super-sized

BY DAVID NOH

Although “Strictly Dishonorable” was remade into a 1951 MGM film with Ezio Pinza and Janet Leigh, the play has really fallen into obscurity. So it is truly cause for celebration that the Attic Theater Company has given it a luminous revival at the Flea Theater (41 White St., btwn. Broadway & Church St., through Aug. 10; theflea.org). Under the sparklingly spot-on direction of Laura Braza, Sturges’ joyous vision of struggling young love in a bygone, booze-soaked Manhattan comes to bracing life in a production that is near-perfect down to

LEAH CADDIGAN

o one wrote women better than Preston Sturges. Whether it was delectable Nancy Carroll’s Brooklyn dance hall hostess who winds up on Park Avenue in “Child of Manhattan”; the dual role of princess and commoner that Sylvia Sidney, given a glorious reprise from tenement weepers, played in the charming “Thirty Day Princess”; the most adorable of gamine waifs, Luisa Gingelbusher, as enchantingly portrayed by husky/ wistful-voiced Margaret Sullavan in his adaptation of Ferenc Molnár’s “The Good Fairy”; Jean Arthur’s impoverished, slightly dizzy but somehow completely commonsensical screwball heroine in “Easy Living,” who falls into the lap of luxury; or Barbara Stanwyck’s shoplifter redeemed by the love of Fred MacMurray and the Indiana simple life in “Remember the Night,” Sturges drew full-scale, nuanced, and funny female characters, and these were just the screenplays he wrote. Starting in 1940, he began an incredible eight-year-run as a brilliant director-writer, producing vehicles for actresses as deliciously diverse as Stanwyck, Veronica Lake, Claudette Colbert, Betty Hutton, and Linda Darnell, each of them a masterpiece in its own right, being, respectively, “The Lady Eve,” “Sullivan’s Travels,” “The Palm Beach Story,” “The Miracle of Morgan’s Creek,” and “Unfaithfully Yours.” It really all began with his 1929 Broadway hit “Strictly Dishonorable,” written in just six days and co-directed by Antoinette Perry (for whom the Tony award was named), which ran for 16 months, earning him some $300,000. It was made into a film by Universal in 1931— with a newly arrived Bette Davis dying to play the lead, which instead went to the untalented, suicidal starlet Sidney Fox. In it, Sturges created the lovable character of Isabelle Parry, a very innocent but savvy — as a lot of his heroines were — Southern almost-belle who is torn between her love for a stuffy guy from West Orange, New Jersey, and a glamorous opera star she encounters one drunken night in a speakeasy.

Keilly McQuail and Michael Labbadia in Preston Sturges’ “Strictly Dishonorable,” at the Flea through August 10.

its smallest details of Jazz Age set design, costume, and cocktail mixology. Michael Labbadia as the opera singer is sexy, brash, and ardent, and the fact that he resembles the young Vince Edwards is a definite plus, along with his plangent singing voice. He has a magical chemistry with Keilly McQuail, who is nothing short of inspired as Isabelle, adorably original in every conceivable way. They are both very young — it’s 22-year-old Labbadia’s New York debut — and not that seriously schooled in screwball comedy, with McQuail confessing to me at the after-party that she had never even seen a Sturges film. It makes absolutely no difference, however, for their very youth and the ineffable gifts that only truly talented actors have — the kind which makes you love them onstage — are all they need to so beautifully put this supremely satisfying show over.

The Newfest has really settled into its wonderfully convenient home at Lincoln Center’s Walter Reade Theater, and there were a number of gems in its schedule. The opening night film, Karim Ainouz’s “Futuro Beach” was a disappointment, though, too self-consciously arty and oh-so slow, with nothing much really happening. It’s the kind of lazy, emptily portentous queer film that posits two supposedly irresistibly attractive studs with the assumption that anything they do — lots of silent moping, teasing bits of nudity, and sudden dancing fits — is automatically fascinating to us pining gays in the dark. “Blackbird,” however, was a wondrous revelation. I was never a big fan of director Patr-

ik-Ian Polk’s “Noah’s Arc” series, but this film evinced a new storytelling strength, deeper humanity, gritty wit, and striking visuals, with something of Lee Daniels’ audacity. Transposing Larry Duplechan’s novel about an alienated black teen from all-white Los Angeles to all-black Hattiesburg, Mississippi, Polk limns a deeply moving coming of age saga, centering around the engaging friendship of four misfits — Randy (Julian Walker, doing the questioning thing), hunky Todd (Torrey Laamar, straight and Randy’s unrequited lust object), Leslie (Wanita Woodgett, straight and a proud, strong virgin), and Efram (terrific Gary LeRoi Gray, definitely gay). Adding vividly strong performances were Isaiah Washington and Mo’Nique, as Randy’s parents. At the Q&A, I asked Polk about Washington’s somewhat surprising involvement here, given his media-reported history of homophobia on the set of “Grey’s Anatomy,” which supposedly caused gay co-actor T.R. Knight to quit the show. A peeved Polk completely dismissed these charges, saying the media blew all out of proportion a private conversation Washington was having with another actor, with Knight not even present. He added that Washington is anything but a homophobe, had played gay in Spike Lee’s “Get On the Bus” years before when “no one was doing that,” and was one of his favorite actors for whom he wrote the part. Polk also said that it was Washington who sent Mo’Nique the script, which she agreed to do, playing another monster mom, somewhat less horrific than her “Precious” character. Andrea James’ “Baby Daddy” focused on Filipino actor Alec Mapa, the self-dubbed “America’s Gaysian Sweetheart,” in a stand-up gig he performed at LA’s gay center and his adoption with his husband of a five-year-old black boy from Compton, California. His comedy is convulsingly funny, touching on subjects like gay porn and rough sex (“I’m so vanilla, my safe word is ‘Ow’”), and, movingly, his choice to adopt a really needy child. Black boys are the least desirable in the adoptive world, and Mapa’s decision to do this, instead of fertilizing his seed to bring yet another life into this overpopulated world, I find highly commendable. Kate Kunath and Sasha Wortzel’s documentary, “We Came to Sweat: The Legend of Starlite,” was about the demise of Brooklyn’s oldest gay bar, the Starlite Lounge, which shuttered in 2010 after 48 years in business. Despite intense efforts to battle its eviction by its owner, staff, and the Crown Heights community, gentrification won the day once more, and the film is a touching testament to one more historic New York gay landmark, the likes of which will

IN THE NOH, continued on p.25

August 07 - 20, 2014 | www.gaycitynews.com

WHAT NOW, from p.22

describes the pain caused by Interferon and other drugs at length and turns to synthetic opiates — with a touch of exhibitionism, showing off his pinned “heroin addict’s eyes” — for relief. “What Now? Remind Me” debunks the notion of HIV as easily treatable for everyone. Nuno used to be a heavy metal musician and is now deeply religious. (The Film Society of Lincoln Center is showing the couple’s film “The New Testament of Jesus Christ According to John,” in which actor Luís Miguel Cintra reads the Gospel of John to the accompaniment of nature images, on August 9.) “What Now? Remind Me” attempts to take Christianity — or at least Jesus and the Bible — back from conservatives and homophobes. Without fully embracing the religion, Pinto speaks of it with deep respect and tries to get back to its progressive roots, suggesting a basis for debt relief in Leviticus. “What Now? Remind Me” alludes to shooting and recording “The New Testament of Jesus Christ According To John” without fully explain-

ing the project. For much of the filming of “What Now? Remind Me,” Pinto seems too tired to do more than lie down, either indoors or outdoors, but he obviously draws great inspiration from nature. Marker was famously fond of cats. Pinto includes many images of insects. The most memorable one shows a bee taking a bite out of a cheeseburger, but there’s a close-up, lasting about 90 seconds, of a moth resting on a bare twig. The couple owns several dogs, each with a distinct personality. Without navel-gazing, “What Now? Remind Me” exposes one man’s life and finds the universal in the personal. Until now, Pinto has been an unknown director in the US. To accompany its release, the Film Society of Lincoln Center is showing four of his other films as well as three first-rate films from other directors that he worked on — Ruiz’s “City of Pirates,” Monteiro’s “Recollections of the Yellow House,” and de Oliveira’s “The Cannibals.” Don’t miss this chance to catch up with a filmmaker who’s made a game-changer of a queer documentary.

IN THE NOH, from p.24

| August 07 - 20, 2014

DAVID NOH

never be seen again. “I Always Said Yes: The Many Lives of Wakefield Poole” had a special screening at the Jewish Community Center, with Poole himself in attendance, along with friends like Gemze de Lappe, the great dancer -choreographer. “Many lives” is almost an understatement here for Poole started as a dancer with the Ballets Russes, transitioned to Broadway where he worked with the likes of Stephen Sondheim and Richard Rodgers, and then turned to filmmaking. And what filmmaking! His 1971 “The Boys in the Sand” was the first legitimate feature-length gay porn film, a cultural phenomenon he followed with the equally successful “Bijou.” After that, he moved from New York to San Francisco, where he opened a highly influential store and salon on Castro Street during the height of the post-Stonewall/ Harvey Milk (a personal friend) era. A period of serious cocaine abuse occurred after that, but Poole cleaned up his act, became a gourmet chef, and worked for years for

Gemze de Lappe and Wakefield Poole at the NewFest screening of “I Always Said Yes: The Many Lives of Wakefield Poole.”

Calvin Klein. Whew! I’m exhausted from all that, but Poole, who’s relocated to his native Jacksonville, remains as eternally youthful, energetic, and creative as ever. In a web exclusive, David Noh previews the Museum of Moving Image’s “Hollywood Melodrama” series, through August 31. Contact David Noh at Inthenoh@aol.com, follow him on Twitter @in_the_noh, and check out his blog at http:// nohway.wordpress.com/.

COURTESY: FRINGENYC/ SPIN CYCLE

An AIDS rider from Joe Norton’s “The Truing,” directed by Douglas Hall.

FRINGE, from p.20

Here’s our annual Ten Best Bets list of promising FringeNYC shows with a gay twist:

Joel Creasey: Rock God If you’re wondering who the heck Joel Creasey is, consider this: The comedic mastermind actually is a kind of entertainment God in his native Australia, where he’s played to sold-out 1000-seat houses. Oozing with charm and wit, the cute comic has been called “utterly brilliant” and “lots of fun.” This cheeky, savvy skewering of celebrities, mentors, and idols promises to make him a household name in New York as well — at the ripe old age of 23. The Players Theatre (115 MacDougal St. at Minetta Lane), Aug. 9, 4:30 p.m.; Aug. 10, 7 p.m.; Aug. 12, 3 p.m.; Aug. 13, 5 p.m.; Aug. 14, 7 p.m.; Aug. 15, 3 p.m.

No Homo In pop culture, the line between gay and straight is becoming blurred like never before. Leave it to Brandon Baruch to embrace this trend, writing a tale about best buds Luke and Ash, inseparable for many years. Are they secretly a couple? They swear they’re not gay, and there’s only one way to prove it — and alcohol is definitely required. Directed by Jessica Hanna, the sold-out play — lauded as “an incredible ensemble effort” and “clever and snappy” — won multiple awards at the Hollywood Fringe earlier this summer (the troupe is based in LA). The Players Theatre (115 MacDougal St. at Minetta Lane), Aug. 9, 12:30 p.m.; Aug. 12, 7 p.m.; Aug. 14, 4:30 p.m.; Aug. 16, 9 p.m.; Aug. 17, 3:45 p.m.

Coming: A Rock Musical of Biblical Proportions This raucous tuner finds Jesus coming back to earth as Josh, a sweet, unwitting teen from Pennsylvania who spreads his gospel of love on the singing competition show “American Icon.” Mean-

while Damian, a gender-bending pop star with an Antichrist streak, is hurt by Christian extremists and is hell-bent on seeking revenge. With book, music, and lyrics by Erik Ransom (billed as “one of the hottest artists in alternative theater”) and directed by Rachel Klein, this darkly comic “glamtastic spectacular” was a runaway hit in Philly a couple of years back. Can humankind survive where fame, spirituality, and sexuality collide? Theatre 80 (80 St. Marks Pl. near First Ave.), Aug. 8, 5 p.m.; Aug. 10, 4 p.m.; Aug. 15, 8:45 p.m.; Aug. 20, 8:45 p.m.; Aug. 22, 2 p.m.

Moses, The Author What if Moses was one of us? That’s the question that Andrew R. Heinze considers in this witty, poignant tale about the dude who led the Jews to the Promised Land. Faced with writer’s block while working on the Bible, the tormented Moses sorts out conflicts with his wife, gay son, and God. “Sadly, the Bible has often been used as a weapon,” said Heinze. “My play disarms it and allows everyone to enjoy a story about its origins. I think Moses would appreciate that.” This existential love story is directed by renowned stage and film actress Amy Wright (“Noises Off,” “Fifth of July”). The Players Theatre (115 MacDougal St. at Minetta Lane), Aug. 10, 2:15 p.m.; Aug. 13, 9:45 p.m.; Aug. 20, 2 p.m.; Aug. 21, 9 p.m.; Aug. 23, 9:15 p.m.

The Hurricane Imagine Shakespeare’s “The Tempest” set in gay Fire Island in steamy July, toss in a few rousing musical numbers, and you get an idea of what this daring show is all about. Created by triple-threat Bjorn Berkhout (composer, lyricist, book writer), the show mixes issues of betrayal, revenge, and sexual politics. The role of Prospero has morphed into Madam Sparrow (Mykel Vaughn), a mysterious innkeeper who commands a magical monkey paw to conjure a storm and exact revenge on four unsuspecting men from her past. Directed by Taryn Turney (“The Wedding Singer,” “Urinetown”). Theatre 80 (80 St. Marks Pl. near First Ave.), Aug. 9,1 p.m.; Aug. 10, 9:45 p.m.; Aug. 16, 3:45 p.m.; Aug. 21, 4:45 p.m.; Aug. 23, 7 p.m.

The Mormon Bird Play This fascinating mix of drama, fantasy, and allegory (with a dash of male burlesque) is based on an absurdist play from Poland. It’s about a mute 10-year-old girl who finds a bird near an LDS temple and is ostracized by the Mormon locals. But are they criticizing the sins of the girl or recognizing their own flaws? This dark and twisted “Mormon fantasia” is written and directed by Roger Benington. Expect to see little girls (played by men) transform into birds, Mormon temple workers, and pioneers. Robert Moss Theater at 440 Studios (440 Lafayette St., btwn. E. Fourth St. & Astor Pl., third fl.), Aug. 8, 5 p.m.; Aug. 10, 7 p.m.; Aug. 17, noon; Aug. 19, 8:30 p.m.; Aug. 21, 4 p.m.

The Teddy Teddy Show Live in NYC Remember how fabulous the club scene was in New York in the ‘90s? Well, if the details are a bit fuzzy, let legendary club kid Teddy Teddy (alter ego of Pete Zias) help fill in the blanks, with excursions to queer clubs like the Roxy and Twilo. Not only does the cable access show host recall those heady nights of drugs and debauchery, he serves up a humorous take on the current club scene. Bring your glow sticks! The Kraine Theater (85 E. Fourth St., btwn. Bowery & Second Ave.), Aug. 9, 8:45 p.m.; Aug. 11, 5:15 p.m.; Aug. 14, 9:15 p.m.; Aug. 16, 4:15 p.m.; Aug. 17, 2:15 p.m.

The Truing Joe Norton spent three years working on life-changing AIDS bike rides and witnessed so much drama, along with the commitment and camaraderie, he just had to write play about it. The story follows a group of plucky AIDS riders trying to navigate a terrain fraught with wrong turns, hangovers, disabled bikes, dying cell phones, and heavy conversations about HIV status. Directed Douglas Hall and starring Billy Hipkins. Flamboyán Theatre at the Clemente (107 Suffolk St., btwn. Rivington & Delancey Sts.), Aug. 10, 7 p.m.; Aug. 11, 5:30 p.m.; Aug. 14, 7:30 p.m.; Aug. 21, 9:15 p.m.; Aug. 23, 5 p.m.

Baby Girl This extraordinary road trip comedy with a twist finds Ashley shunned by her adoptive family after declaring she likes girls. But when she sets out to find a new place to call home, her quirky fantasies collide with reality in astonishing ways. Written and directed by Kim Ehly of the Kutumba Theatre Project, the play, based on real events, received glowing notices when it premiered in Florida, with the Miami Herald crowing, “Baby GirL is a joyous celebration of one woman’s journey toward happiness… [it] is sweet, funny, touching, unsettling, tender.” The Kraine Theater (85 E. Fourth St., btwn. Bowery & Second Ave.), Aug. 8, 5 p.m.; Aug. 10, 9 p.m.; Aug. 14, 4:15 p.m.; Aug. 18, 9:15 p.m.; Aug. 24, noon.

Murder, Margaret and Me Everyone knows Miss Marple is a whiz at solving murder mysteries. But you might not realize there are a few prickly mysteries surrounding Margaret Rutherford, who portrayed the “Queen of Crime” in the iconic series. This solo show, starring veteran stage and screen actress Janet Prince, finds Christie playing detective and unearthing Rutherford’s nasty secrets. Written by acclaimed British playwright Philip Meeks, who believes Rutherford is a gay icon, the show was a huge hit in London. Directed by acclaimed writer and performer Stella Duffy. Abrazo Interno at the Clemente (107 Suffolk St., btwn. Rivington & Delancey Sts.), Aug. 9, 1:30 p.m.; Aug. 10, 4:30 p.m.; Aug. 15, 8:15 p.m.; Mon 18 @ 5:30 p.m.; Aug. 21, 4 p.m.; Aug. 22, 7 p.m. August 07 - 20, 2014 | www.gaycitynews.com

SHORT, from p.21

tably danger and disaster follow. In his typically spare but well chosen text, LaBute skewers hyper-vigilant, egotistical young parents who see threat in every situation out of their control. And, of course, this being a LaBute play, the situation is pushed to an extreme. The play is full of tension, as much for what is not said as what is, and director Maria Mileaf fully understands the characters’ emotional dynamics and cadence. J.J. Kandel as Kip, a young father, hits every nuance, making him perfectly self-absorbed and thoroughly loathsome. Victor Slezak as the target of his anger, Bill, is controlled and deep. The two men work well together, and the piece, for all its quiet economy, has a harrowing and surprising impact. The other piece in Series B, Albert Innaurato’s “Doubtless,” sadly doesn’t succeed. It is intended to be a play in the absurdist provocateur mode of the late 1960s in which offensiveness is used as a vehicle for making a political statement. In this case, the target is the Catholic Church, but the sexual shenanigans of priests and nuns is an old trope; more shocking things are tossed out on daytime TV and blogs every day than are heard in this play. Jack Hofsiss’ staging is appropriately antic, though at the performance I saw the actors seemed lost in its midst. The whole thing came off as dated and stale — quite a let down after the Reitz and LaBute pieces. The three plays in series A were somewhat better, but ultimately disappointing. Roger Hedden’s “The Sky and the Limit,” about two bros in the wilderness where one gets injured, fails to develop either character sufficiently to make the story compelling. “Sec. 310, Row D, Seats 5 and 6,” by Warren Leight, is about guys with season tickets to the Knicks getting together for the last game over the course of several years. The insights into friendship that the brief scenes provide are largely bland. Eric Lane’s “Riverbed” is the most interesting of the three, telling the story of a couple’s struggle to go on in the wake of their child’s death. There’s not much new here, but the perfor | August 07 - 20, 2014

mances by Adam Green and Miriam Silverman as the grieving parents are excellent. Finding short plays that work together is difficult, and I’d suggest you put your money on Series B.

For the most deliciously sophomoric yet intelligently hilarious retelling of Shakespeare’s most violent — and next to “Pericles” — complicated story, head over to the Beckett Theatre and prepare to be enchanted by “Puppet Titus Andronicus.” Even typing the title is silly, and it is, just as you might expect, a wildly truncated version of Shakespeare’s play performed largely by puppets. Staged by the Puppet Shakespeare Players, the laughs start when you read the program and continue ‘til the last dog (or boar or whatsit) is dead.

PUPPET TITUS ANDRONICUS Beckett Theatre 410 W. 42nd St. Through Aug. 16 Tue. at 7 p.m.; Wed.-Sat. at 8 p.m. Sat. at 2 p.m. $50.25; Telecharge.com Or 212-239-6200 One hr., 40 mins., with intermission

Lampooning Shakespeare, of course, requires an understanding of the Bard’s work, and this ebullient company knows what it’s doing. Because the first act of the original is largely exposition, it has been replaced by a song, “Actus Primus Titus Opus” that hilariously sets the story in motion. The rest is a condensation of the play focusing on the violence and gore, with plenty of puppet mutilation and silly string blood. The actors improvise, which often is helpful to the narrative and just as often tangentially ridiculous. As in “Avenue Q,” the actors are always visible on the stage when working the puppets, and their interactions are hysterical as well. I have often wished that someone would come up with puppet design that’s not so indebted to Jim Henson and the Muppets, and there’s some indication puppet designer A. J. Coté is on his way there. Here’s hoping he continues, and that Puppet Shakespeare does as well. The intelligent inanity is very midsummer madness and welcome indeed.

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OPERA

Operatic Game-Changers Before there was Wagner, there was Weber BY ELI JACOBSON

FIFI, from p.23

film. Making the art, he explains, is what fulfilled his emotional and intellectual needs.” For the artist, painting is “a need, like taking a piss or bursting a pimple. It brings relief.” He has no interest in leaving his work behind, he says, saying that modern man is “condemned to devastation.” Mohasses is not interested in his legacy, he says; his concern, instead, was in living his life. These proclamations may be a matter of artistic provocation. The second half of the film focuses on two exiled Iranian brothers, Rokni and Ramin Haerizadeh, who com-

CORY WEAVER

hroughout the 19th century, opera composers strived to break away from the “number opera” format — a series of separate musical pieces in conventional forms interspersed with recitative or dialogue that moved the action forward. Through-composed operas created set pieces that carried the dramatic action forward without stopping the orchestra or the action, a development that curtailed endless musical repeats and extraneous vocal display. Giuseppe Verdi and Richard Wagner are cited as the great game-changers of 19th century opera. Yet Carl Maria von Weber’s innovations paved the way for Wagner, and Verdi was influenced more by Gaetano Donizetti than any other contemporary composer. The first US staging in a century of Weber’s “grand, heroic” Romantic opera “Euryanthe” (1823) provided the centerpiece of this summer’s Bard SummerScape in upstate Annandale-on-Hudson. The performance demonstrated clearly both the profound merits and the fatal flaws in Weber’s seminal work, in which he jettisoned the spoken dialogue of “Der Freischütz” for a through-composed format where musical harmony and structure follow the emotions of the characters rather than operatic convention. The orchestral fabric is unbroken, with a freer use of harmony — including daring chromaticism that influenced Wagner. In fact, Wagner’s “Lohengrin” is practically a Technicolor remake of Weber’s “Euryanthe” – both feature a virginal soprano and a knightly tenor pitted against a villainous baritone and a witchy dramatic soprano who dupe the heroine into revealing a forbidden secret. Wagner co-opted Weber not only by bor-

Ellie Dehn and Wendy Bryn Harmer in Bard SummerScape’s production of Carl Maria von Weber’s “Euryanthe.”

rowing from him but also by defining him as a transitional musical prophet — John the Baptist to his own Jesus. Critics blame Helmine von Chézy’s convoluted, fantastical libretto as the reason why “Euryanthe” is more written about than performed. Kevin Newbury’s production reinterpreted the medieval chivalric tale as a Victorian ghost story with symbolic psychological undertones substituting for medieval fantasy. The ghost of Emma (whose suicide is the forbidden secret and whose ring must be cleansed for her soul to be saved) appears at key moments. Her underground tomb is present in every scene — her fate underlies the story. The serpent that attacks the hero and heroine in Act III is a gnarled, phallic tree with tentacle-like roots that descends from above when the hero Adolar attempts to ravish Euryanthe (who he believes has betrayed him). In this case, the psychology was as confused as the staging.

mission a work of art from Mohasses. Here we see Mohasses revealing himself to the two artist/ collectors, showing them collages no one has seen before. The brothers discuss purchasing Mohasses’ collection of art from his Rome hotel room. Farahani lets her camera observe these interactions, interrupting them at times with well chosen archival or interview footage. The issue of legacy is, in fact, a critical idea for Mohasses, who says, “My era has ended.” He sees chatter about Ricky Martin in the news as a symbol of cultural decline. “I am revolted by everything,” he says.

Otherwise, Newbury’s direction is intelligent and largely non-interventionist. Ellie Dehn as Euryanthe began with a clouded, strained tone that gradually gained greater clarity and ease. Her round-toned lyric soprano was comparatively weak at the bottom; full-throated high notes were better controlled. William Burden’s Adolar, portrayed as a wounded war veteran, also sounded dry and effortful at the beginning but warmed up by the second act. His dulcet Mozart tenor has retained elegant clarity of tone while gaining needed heft and depth. Burden’s handling of German text was stylish. As a platinum blonde vixen Eglantine, Wendy Bryn Harmer’s brightly metallic tone was secure but could turn glassy and edgy under pressure. She struggled with the florid climax of Eglantine’s Act I scena. Handsome bass-baritone Ryan Kuster cut a dashing figure as the villainous rival L ysiart, but he looks younger and prettier than he sounds. I heard a light lyric baritone artificially darkened and puffed up in a role two sizes too heavy for him. I was impressed by Peter Volpe’s effortlessly expansive deep bass as King Ludwig — I’d like to hear him in Wagnerian repertory. Dr. Leon Botstein’s advocacy of the work was not helped by his conducting. He failed to pick up on shifts in tempo, maintaining a dull middle ground throughout. There is more color and contrast in Weber’s score than he elicited from the diligent, responsive American Symphony Orchestra. The plot takes too long to develop, with dull passages in Acts I and II, but Act III has greater musical and dramatic intensity. Weber’s pursuit of homogenous musical unity in “Euryanthe” robs the work of the musical highlights of “Der Freischütz,” but it is more dramatically viable than many works that are lesser musically but more frequently revived. In a web exclusive at gaycitynews.com, Eli Jacobson reviews the Bel Canto at Caramoor production of Verdi’s “Rigoletto.”

“Fifi Howls From Happiness” offers some clues as to Mohasses’ frame of mind. His paintings and sculptures — which range in subject from Somalia, Chernobyl, and oil spills to Jan Palach, the Czech student who committed suicide by setting himself on fire to protest the crushing of the 1968 Prague Spring — illustrate his rage. Mohasses is very invested in addressing issues of inequality — between races, genders, and sexual orientations. In one of the film’s few mentions of his homosexuality, Mohasses confesses he is attracted to straight men who have fiancées, but he also mentions a “sweetie,” Marco.

Despite all this, “Fifi Howls From Happiness” manages to never make Mohasses a curmudgeonly figure. Farahani’s elegant portrait allows the artist to express himself both verbally and visually. He can be cagey, refusing to answer the filmmaker’s question about why he paints fish, which leads Farahani to prompt the Haerizadeh brothers to ask him about that. The fact that no response is forthcoming seems wholly appropriate. The ultimate strength of Farahani’s marvelous film is that viewers must evaluate Mohasses’ output and his philosophy on the artist’s own terms.

August 07 - 20, 2014 | www.gaycitynews.com

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| August 07 - 20, 2014

THU.AUG.7

CABARET A Girl Named Billy

Nellie McKay recently finished an extended run in the Off-Broadway hit “Old Hats,” which won Lucille Lortel and Drama Desk Awards. McKay presents “A Girl Named Bill — The Life and Times of Billy Tipton,” the 20th century jazz musician and bandleader who originally presented as a man only professionally but gradually lived as a male all the time, his birth as a woman little known at death. 54 Below, 254 W. 54th St. Aug. 7, 7 p.m.; Aug. 8-9, 8 p.m. The cover charge is $50-$85 at 54below.com, with a $5 premium at the door, and there’s a $25 food & drink minimum.

GALLERY Inspired by their Skin

“The Nude As Muse” show is the creation of Emily Stedman, who oversees the life drawing sessions at NOHO/ M55 Gallery. “The show began as a combination of my name and my current artist focus on the nude,” Stedman explained. “It’s also to provide an uncensored and free exhibition space for any artist or student interested in showing their work to the public who has attended the life drawing sessions.” The show also includes screenings of a video created by filmmaker Mark Khaimov. 530 W. 25th St. Reception on Aug. 7, 6-8 p.m. This pop-up show runs through Aug. 9, 11 a.m.-6 p.m. For more information, visit nohogallery.net or m55art.org.

FRI.AUG.8

POETRY New and Noteworthy

In the third installment of “Newfangled,” a series of readings by young poets, Robert Siek welcomes Lawrence Kaplun, whose poems appear in Sonora Review, Southern Humanities Review, Toad, and the Gay & Lesbian Review; Rickey Laurentiis, who was recipient of a 2013 Creative Writing Fellowship from the National Endowment for the Arts and whose poems appear in Boston Review, the Kenyon Review, and Poetry; and Robert Whitehead, whose work appears or is forthcoming in Assaracus, Gulf Coast, Vinyl,

BGSQD.COM

Two-time Tony-winner Judy Kaye (“Phantom of the Opera,” “Nice Work If You Can Get It”) celebrates the work of Leonard Bernstein and Stephen Sondheim in song and stories recalling her work with the two musical theater giants. 54 Below, 254 W. 54th St. Aug. 7, 9:30 p.m. Cover charge is $35-$45 at 54below.com, and there’s a $25 food & drink minimum.

ALL HOLLOW, and Upstart. Siek’s poems most recently appear in the Good Men Project, Painted Bride Quarterly, and the Gay & Lesbian Review Worldwide. Bureau of General Services at Cage, 83A Hester St., btwn. Allen & Orchard Sts. Aug. 8, 7-9 p.m.

SAT.AUG.9

AT THE BEACH Health: It Ain’t Just About the Sunscreen

Last summer, the Pines Care Center had success in its meningitis shots day, so today it teams up again with producer Daniel Nardicio to present Wellness Day in the Pines. Free HIV testing, skin checks, sexual health information, and more. Whyte Hall, Fire Island Pines Aug. 9, 12:30-3:30 p.m.

Jackie on Fire

She straight. And Jewish. And you love her. In an evening of savage standup, unique original songs, and favorites from Broadway’s “Xanadu,” “Hairspray,” and “The Addam’s Family,” Jackie Hoffman will absolutely wreck in her first appearance in Cherry Grove at the Ice Palace. Aug. 9, 8 p.m. Tickets are $45-$55 at dworld.us.

WED. AUG.13

COMMUNITY 17th Annual Black Pride

The five-day annual Black Pride celebration kicks off with Gay Men of African Descent presenting the Heritage Awards on Aug. 13, 6-9 p.m. at the Schomburg Center, 515 Lenox Rd. at 135th St. (free admission). On Aug. 14, 4-7 p.m., SAGE Harlem and the GRIOT Circle sponsor a Senior Soiree at Billie’s Black, 271 W. 119th St. at St. Nicholas Ave. (free admission). The Ritz plays host to “Bloom,” Aug. 14, 6-11 p.m., 369 W. 46th St. (free admission). On Aug. 15, 2-4 p.m., SAGE Harlem and the GRIOT Circle host the “The Generations Talk: Bridging the Gap,” at SAGE, 305 Seventh Ave. at 27th St., 15th fl. (free admission). TSistas and Destination

THU.AUG.14

CABARET Sank Giving Song

In a return engagement, comic Adam Sank does cabaret mixed with his comedy and — best of all? — humiliating childhood stories, including how a bathroom stall and a fraternity brother finally led him out of the closet. Sank is joined by Erika Amato, fresh off the national tour of “Flashdance.” Duplex Cabaret Theatre, 61 Christopher St. at Seventh Ave. S., Sheridan Sq. Aug. 14, 9:30 p.m.; Aug. 21, 7 p.m. The coverage charge is $10 at theduplex. com, and there’s a two-drink minimum.

FRI.AUG.15

GALLERY Nighttime Brought to You by Gio Black Peter

“Night Gardener” is an exhibit of the drawings and paintings of Gio Black Peter, including his new “Communion” portraits on wood. Bureau of General Services – Queer Division inside Cage, 83A Hester St., btwn. Orchard & Allen Sts. Through Aug. 17, with opening reception, Aug. 15, 10 p.m.-3 a.m. The evening includes a midnight performance, “The Longest Night of the Year,” by Susanne Oberbeck, Brian Kenny, Gage of the Boone, Max Steele, Jordan Hall and Gio Black Peter, with music by Gordon Beeferman. For more information, visit bgsqd.com

SAT.AUG.16

AT THE BEACH The Sisters Beale in Solo Performance

Two-time Tony-winner Christine Ebersole (“Grey Gardens,” “42nd Street”) celebrates release of her new CD “Strings Attached,” featuring standards from the 1920s through ‘40s, including Fats Waller’s

CHRISTINEEBERSOLE.COM

CABARET Lenny, Steve & Judy

Tomorrow present “A Night of Stars: Celebrating the Trans Experience,” Aug. 15, 6-10 p.m., National Black Theatre, 2031 Fifth Ave. at 125th St. (free admission). On Aug. 16, noon6 p.m., HIV Stops With Me hosts the Health & Culture Expo, Affinia Manhattan Hotel, 371 Seventh Ave. at 31st St. (free admission). Big Brothas Network hosts a reception at Hurley’s, 232 W. 48th St., Aug. 16, 5-10 p.m. Dollhouse & SWAG host “W2W: Our Voice, Our Event,” at Hudson Bond, 215 W. 40th St., 5-10 p.m. (free admission). The Latex Ball, presented by Gay Men’s Health Crisis, takes place on Aug. 16, 8 p.m.-4 a.m., at Terminal 5, 605 W. 56th St. ($25 at gmhc.org or $30 at the door). On Aug. 17, Black Pride winds up with a day at the beach, presented by the AIDS Healthcare Foundation, from noon-8 p.m. at Coney Island Beach, 1000 Surf Ave. For more information, visit nycblackpride.com.

“Jitterbug Waltz,” Cole Porter’s “Ev’ry Time We Say Goodbye,” and George Gershwin’s “Shall We Dance.” The Ice Palace, Cherry Grove. Aug. 16, 8 p.m. Tickets are $45-$80 at dworld.us. The evening is a benefit for the Grove’s Save Our Community House Fund.

SUN.AUG.17

MUSIC A Klezbian Brunch

Isle of Klezbos, the all-woman sextet that brings twist upon twist on klezmer music, plays the brunch hours at City Winery, 155 Varick St. at Vandam St. Aug. 17, 11 a.m.-2 p.m. Tickets are $10 at citywinery. com/newyork, with free admission for kids under 13. A full menu and bar are available beginning at 10 a.m.

THEATER Nixon & A Midwestern Vampire

“Midwestern Gothic” is a solo show by Adin Lenahan that explores the mechanisms and fantasies parentless children create about their pasts in order to have a healthy present. Nixon is a young man who aged out of foster care and got engaged to a man living in the Adirondacks. But before the wedding he must break a promise to a vampire and this means reconciling with the Midwest. Theater for the New City, 155 First Ave., near 10th St. Aug. 17, 8 p.m.; Aug. 19, 9 p.m.; Aug. 21, 6:30 p.m.; Aug. 22, 9 p.m.; Aug. 24, 2 p.m.; Sep. 4, 9 p.m. Tickets are at $12 at dreamupfestival.org.

Robert Wilson: Experimental Stage Pioneer

Experimental theater pioneer Robert Wilson founded the New York performance collective “The Byrd Hoffman School of Byrds” in the mid-1960s and, in 1976, he collaborated with Philip Glass in writing the seminal opera “Einstein on the Beach.” Wilson appears in conversation with art historian, writer, and activist Jonathan David Katz and artist and set designer Peter Harvey, who has known Wilson for more than 50 years. Leslie-Lohman Museum of Gay and Lesbian Art, 26 Wooster St., btwn. Grand & Canal Sts. Aug. 17, 6-8 p.m. Admission is $30, with tickets available at Eventbrite at bit.ly/WrZA8D.

August 07 - 20, 2014 | www.gaycitynews.com

JEALOUSY, from p.22

DISTRIB FILMS

tionship allows them to sleep with other people, but Louis is uncomfortable with her sleeping around, even if it ends up allowing them to move into a bigger apartment. Autobiography is central to Garrel’s work. He met former Velvet Underground singer Nico in 1969 and immediately began featuring her in his films. Although their relationship lasted less than a decade, he’s acknowledged her as the love of his life. Some of his ‘80s films allude to their love, and he finally made a fairly explicit depiction of it in “J’Entends plus la guitare.” Unfortunately, Nico and Garrel became junkies together, which may account for the frequency of references to heroin in his work. He’s also drawn on the life of his father, actor Maurice Garrel. His 1983 film “Liberte, La Nuit” dramatized Maurice’s actions working for the pro-Algerian resistance in the early ‘60s. “Jealousy” is based on an affair Maurice had at age 30. Louis Garrel is playing his own grandfather, essentially, and the

Olga Milshtein, Louis Garrel, and Anna Mouglalis in Philippe Garrel’s “Jealousy.”

director gender-swapped himself into a little girl, turning his own boyhood memories into the basis for Charlotte’s character. On the surface, “Jealousy” is much more realistic than Michel Gondry’s phantasmagoria. Beneath it, it’s just as stylized — and stylish. Willy Kurant’s cinematography evokes the French New Wave. It’s full of blown-out white tones and inky black shades. Louis Garrel’s brooding performance also brings back memories of Francois

Truffaut’s alter ego, Jean-Pierre Léaud. The way Garrel films his characters strolling Paris streets is sure to bring out the francophilia lying dormant in many American cinephiles. But there’s a big difference between Louis and many French New Wave heroes and heroines: he has a daughter, so his erotic adventures have much greater consequences. There are no drugs in “Jealousy,” although references to suicide do pop up. Garrel’s oeuvre gives

the impression that he thinks love is a matter of life and death — one could even say there are no light moments between lovers in his films. The treatment of adultery in “Jealousy” might seem stereotypically French, but in the end, its characters get on with their lives instead of killing themselves over a Werther-like devotion to a romantic ideal. In “Jealous,” Garrel finally films young men and women in the process of becoming real adults.

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| August 07 - 20, 2014

August 07 - 20, 2014 | www.gaycitynews.com