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olitics and law may seem to some as
dry and lifeless as cracked skin and
brittle hair.
But a little trick to burrow beyond
such a sensibility is to remember the
people behind the politics— those often slightly
idiosyncratic committed players who opt for
action over couch-potatoism.
Keeston Lowery was an immutable idealist
with profuse political savior-faire. He was also a
longtime gay activist, an aide to former Portland
City Commissioner Mike Lindberg, a major
green thumb and a doll of a guy who passed
away in August 1993 of AIDS-related complica
tions.
Though dead far too soon, he left an imprint
on Portland and its people. Among other things,
he helped orchestrate passage of a city ordi
nance barring discrimination based on sexual
orientation.
One October day in 1991, dozens of onlook
ers crammed into the council chamber and
broke into cheers and applause when the com
missioners unanimously approved the Lindberg-
sponsored measure, which prohibits discrimina
tion in employment, housing and public accom
modations based on sexual orientation and
source of income.
It was one of those historic moments for both
the city and the gay and lesbian community.
n 1996, claiming he was fired from his job
because of his sexual orientation, David Sims
filed a lawsuit in Circuit Court against the own
ers of Besaw’s Cafe in Northwest Portland,
where he had been employed as a cook.
In 1997, a Multnomah County circuit judge
dismissed Sims’ suit after concluding the city did
not have the authority to provide people with
the right to sue in state court.
Sims and the city of Portland appealed in
1998, and on Jan. 26, 2000, the Oregon Court
I
I t ' s H appening
A
s we surmised in our Jan. 21 issue, Port
land Mayor Vera Katz did in fact go pub
lic with the city’s and county’s intentions to
implement a domestic partnership registry.
In her Jan. 28 State of the City address, Katz
said: “ We must not allow women and minori
ties to be held back from success in our city—
nor should gays, lesbians and transgender Port
landers.”
She then added: “I am pleased today to
announce that there is support from the Mult
nomah County Commission and the Portland
City Council to implement a domestic part
nership registry. A registry can be a useful tool
rkshop
Maloy's
foil participation of its citizens in city life. The
council’s finding, which it codified, is worth
quoting in foil: ‘The City Council finds that dis
crimination on the basis of sexual orientation
of Portland, m ayor's announcement
and source of income exists in the City of Port
land and that state law does not clearly prohibit
good week by Inga So ren sen
such discrimination. It is the intent of the
Council, in the exercise of its powers
for the protection of the public health,
safety and general welfare, and for the
maintenance of peace and good gov
ernment, that every individual shall
have an equal opportunity to partici
pate folly in the life of the City and
that discriminatory barriers to equal
participation in employment, housing
and public
accommodation be
removed.’ ’’
Linder continued: “T he city’s
nondiscrimination provisions are far
from novel, at least in their fundamen
tal terms. They reflect a now-familiar
and commonplace policy of equal
access and nondiscrimination in areas
basic to the most minimal quality of
life in our communities: employment,
housing and public accommodation.
“In that regard, it is not surprising
that defendants do not dispute the
legitimacy of the city’s regulatory goal
or the city’s general authority to legis
late to that end. The days of doubting
that
so-called ‘civil rights laws’ reflect
Gay rights activist and politico Keeston Lowery
compelling public interests are long
receiving one of many accolades during his career
past.... The dispute, correctly, is not
whether nondiscrimination policies are impor
In a concurring opinion, Judge Virginia Lin
der wrote that the city of Portland had found
tant to the general welfare— they plainly are.
Nor is the dispute whether such policy objec
sexual orientation and source of income dis
tives are of compelling interest and importance
crimination were indeed a problem in Portland:
at municipal levels— they plainly are that too.
“Public hearings culminated in the council’s
finding that such discrimination exists and is T he only objection is to the remedy devised—
that of a private cause of action for damages.”
detrimental to the city’s general welfare and the
Portland Mayor Vera Katz had her own
thoughts to share in response to the ruling.
W hile it seems like she disappeared after
“We aggressively defended our ordinance, so
this is a great day for civil rights in Portland,
that painful loss, Shibley actually went to
Washington, D.C., where she currently serves
Oregon,” she said. “Gays and lesbians who feel
as a public affairs director for the U .S. Depart
they have been discriminated against should
have the same right to vindication and prosecu
ment o f Transportation’s Federal Highway
Administration.
tion as anyone else— no more, no less. This vic
tory is an important reminder that we can never
Shibley was recently spotted at a political
give up, and never rest in our fight for equality
event hosted by the New Hampshire Gay and
for all of us."
Lesbian Legislative Caucus.
T he gathering featured openly gay Clinton
W ith her giddiness still intact a day after the
administration appointees— including Fred
ruling, Wessel added: “It’s been nine years—
Hochberg, Todd Dickinson and Bob Hattoy—
nine years!”
who spoke to more than 70 New Hampshire
queers prior to the Feb. 1 primary. T he event
■ For questions or comments about Just O ut’s
aimed to promote Vice President A1 Gore’s
Northwest, national or world news coverage, please
send an e-m ail to News Editor I nga SORENSEN at
candidacy.
inga@justout com .
A nother S core
Judicial victory (or queers and city
of partnership registry make for a
of Appeals reversed the lower court’s decision in
a 9-1 ruling.
In short, the appellate court granted access
to state court by Portland residents under the
city’s anti-discrimination ordinance. The case,
however, could be appealed to the Oregon
Supreme Court.
In its 1998 Tanner vs. Oregon Health Sciences
University decision, the appellate court conclud
ed that the state constitution prohibits employ
ers from discriminating on the basis of sexual
orientation.
Portland’s ordinance, however, also bars sex
ual orientation discrimination in housing and
public accommodations. Additionally, the city
ordinance allows compensatory and punitive
damages, while state law does not.
Portland attorney Lynn Nakamoto, who
filed an amicus brief on behalf of the American
Civil Liberties Union of Oregon, says: “The
[Sims ruling] means people can go into circuit
court and get a remedy that is effective.”
Madelyn Wessel, Portland’s chief deputy city
attorney— and the person who argued the
appeal— says when she learned of the appellate
court ruling, she “felt that grinning smile of Kee
ston Lowery.”
Then, she adds, some “dancing in the halls”
ensued.
Like Lowery, Wessel is one of those folks who
feel government can help create a better society.
“I hope [the ruling] stands,” she tells Just Out.
“I think it’s a wonderful opinion in terms of
results, and it’s a beautifully written opinion.”
to assist gays and lesbians in documenting their
committed relationship. And it could make it
easier for them and their families to obtain
health benefits, visitation rights and other
basic rights that other families enjoy.”
A more detailed registry plan may be
unveiled in March or April.
B last
from the
P ast
G
ail Shibley— remember her?
T hat’s right, she became Oregon’s first
openly gay state lawmaker back in 1991.
T he native Oregonian served three terms in
the Legislature before making an unsuccessful
bid for the Portland City Council in 1996.
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