Just out. (Portland, OR) 1983-2013, November 18, 1994, Page 13, Image 13

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    ju st o u t ▼ n o w m b a r 18, 1 9 9 4 ▼ 13
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The personal
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A Portland man claims the OCA caused him distress
and files a lawsuit
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by Inga Sorensen
d H. DuBois describes himself as a
several harassing calls because that information
“wreck.” He says he has trouble sleep­
was made public. In response, he filed a lawsuit
ing at night and has sought counsel­
in Washington County. That trial is slated to
ing to soothe his anxiety. He blames
begin Dec. 13.
the Oregon Citizens Alliance for his
Meanwhile, according to the latest lawsuit,
unease—as well as for the break-up of he the
and Mabons
his
and the Yes on 13 Committee inten­
partner, Scott Gilbert.
tionally sought to inflict “severe emotional dis­
“I thought this nightmare was finally over,”
tress” by publishing the information and did so
says the 31-year-old North Portland resident.
“willfully, wrongfully and maliciously.”
“But then it happened again.”
Kimble says the literature was dropped door
DuBois was referring to OCA literature that
to door and was passed out in front of a shopping
was recently distributed throughout Clackamas
center.
County by the Yes on 13 Committee. The litera­
According to the suit, the OCA material:
ture, which was designed to show that “activists
“publicly alleges” DuBois is gay and living with
in state government are pushing through homo­
HIV; “falsely suggests that the children in issue
sexual goals as fast as possible,” made reference
are endangered” because of DuBois’ alleged
to a custody case Gilbert has been involved in
sexual orientation and HIV status; and, “falsely
during the past few years. An excerpt from the
suggests that the children in issue are endangered
flier reads: “Oregon judges are giving custody of
by being parented by two homosexual men.”
young children to homosexual men with HIV
The lawsuit maintains DuBois has been de­
disease. (Source: Clackams [sic] County Court
famed and subjected to “hatred, contempt, ridi­
Records regarding the
cule, diminished esteem,
case of the custody of
[and] loss of respect,
three young children
goodw ill and c o n fi­
given to Scott Gilbert,
dence.” It also says his
openly living with his
privacy has been in­
boyfriend, Ed DuBois,
vaded, because prior to
by Judge Raym ond
the literature’s publica­
Bagley. Shelly Gilbert
tion (with the exception
is a capable Mom who
of the Cornelius OCA
is still trying to get her
flier) DuBois’ sexual ori­
children back after two
entation and HIV status
years in court).”
had been private infor­
DuBois says he and
mation.
Gilbert, who was awar­
“ I am out to my
ded joint custody of his
friends and family, but
”
three children follow­
I ’ ve never been involved
ing a 1992 divorce,
in political campaigns or
ended their relationship many months ago.
anything like that. I’m an incredibly private per­
DuBois says he has not seen the children since
son,” says DuBois. “That’s one of the reasons this
and has filed a $2.3 million lawsuit against the
is all such a shock to me: You try to live your life
Yes on 13 Committee and the OCA’s Lon and
quietly and then, all of a sudden, your name is all
Bonnie Mabon. The suit, which was filed last
over the place.” He adds, “There is no doubt that
month in Clackamas County Circuit Court, con­
the pressure caused by all of this contributed to
tends DuBois has been defamed and his privacy
the ending of my relationship with Scott. It was so
hard on both of us, and I feel like my life has
invaded.
turned upside down.”
“The OCA can’t continue making allegations
about private citizens,” says DuBois’ attorney
Though DuBois says he is an “incredibly
Jennifer Kimble, of the Portland firm David W.
private person,” a June 23, 1991, Oregonian
article about Portland’s annual lesbian and gay
Owens P.C. & Associates. ‘T h at’s why our suit
asks for $1 million in punitive damages. They
pride event says: “Holding the lead banner for the
have to learn that they can’t make allegations that
parade were Scott Gilbert, James Tompkins and
Ed DuBois, who all said they comfortably an­
can ruin people’s lives and freely walk away.”
nounced their sexuality years ago.”
More than a year ago, Gilbert and DuBois
became the focus of another OCA flier, which
“Just because you march in a gay pride parade
was distributed in Cornelius during that city’s
doesn’t mean that you are no longer a private
anti-gay and -lesbian initiative campaign. That
person,” says Kimble, adding DuBois’ personal
issues are not a matter of “legitimate public
literature also alleged Gilbert and DuBois were
interest [and] are not newsworthy.”
gay lovers who both had HIV. It listed both men’s
Our calls to OCA headquarters were not re­
place of employment, and their home and work
turned.
telephone numbers. DuBois says he received
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“The OCA can *t
continue making
allegations about private
citizens. That’s why our
suit asks for $1 million in
punitive damages. They
have to learn that they
can *t make allegations that
can ruin people’s lives and
freely walk away.
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