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O everal organizations issued a joint statement
June 28 condemning the decision to yank
advertisements from New York City bus shelters
because of alleged community complaints. Infin
ity Outdoor approved the series created by the
Bronx Lesbian and Gay Consortium to help edu
cate men who have sex with men, and women
who have sex with women, about sympathetic
health care providers in the community.
The ads were displayed for less than two days
of an expected four-week stint before one was
replaced. Although Infinity Outdoor will not
disclose the specific nature of the complaints,
they also will not deny that homophobia played
a part in its decision.
Furthermore, the only ad removed featured
two frilly clothed men standing side by side, one
with his arm around the other. The two other
ads had a single man or a single woman.
“Infinity Outdoor’s decision to remove these
ads is both rash and irresponsible and will weak
en efforts to combat the spread of infectious dis
eases like HIV, hepatitis and gonorrhea and the
management of chronic health problems like
depression, drug use and suicide in the Bronx,”
the joint statement said. “Allowing random com
plaints about the ad to cause its removal makes
access to quality health education and HIV pre
vention education in New York City subject to
the ‘heckler’s veto.’ This cannot be permitted.”
According to the Gay and Lesbian Alliance
Against Defamation, the city unabashedly sup
ported Infinity Outdoors decision. Transportation
Commissioner Iris Weinshall said, “We feel that
good taste can supersede the First Amendment.”
•5“
he leading Latino H1V/AIDS agency in
New York effectively was forced out of
Jackson Heights, Queens—an epicenter of the
AIDS epidemic in U.S. Latino communities—
because of prejudice against the agency’s trans
clients, the American Civil Liberties Union said
in a lawsuit filed June 26.
The Hispanic AIDS Forum was forced to
leave Jackson Heights after the landlord at the
office building that housed the agency for 10
years acquiesced to complaints from another
tenant that trans clients were using the “wrong”
restrooms. (For example, people who identified
and expressed themselves as women—but who
were not bom anatomically female—used the
women’s restroom.) The landlord was unwilling
to discuss ways to accommodate the trans
clients, refused to renew the agency’s lease and
began eviction proceedings.
“This is unlawful discrimination—and
prejudice with the highest of prices," said
Tamara Lange, ACLU AIDS Project staff
attorney. “This landlord has made it much
harder for the Hispanic AIDS Forum to reach
the people who need HIV/AIDS services
most, and this organization has been forced to
pay higher rent and moving costs. That
money could have been used to help more
Latinos affected by HIV/AIDS.”
n a case in which a les
bian brought a claim of
harassment against her
same-sex supervisor, the
Supreme Judicial Court cau
tioned trial courts June 27
against using “prejudicial or
inflammatory" references in
jury instructions. Susan
Muzzy sued her former
employer, Cahillane Motors,
charging that her boss had
sexually harassed her.
Juries are required to
determine whether “a rea
sonable person in the plain
tiff’s position, considering all the circum
stances,” would have found the alleged conduct
to be hostile or abusive. Taking into account
this objective standard, some courts have asked
juries to consider whether a reasonable person of
the employee’s race or sex would have found
certain conduct to be hostile or abusive.
In this case, the judge asked whether a lesbian
in Muzzy’s position would have found the super
visor’s conduct offensive. On appeal, she argued
that the jury verdict against her should be over
turned because the reference to a “reasonable les
bian” could have prejudiced the jury against her.
Gay and Lesbian Advocates and Defenders,
which did not side with either party, advised
that some context relating to plaintiffs might be
appropriate or even necessary because of juries’
historical tendency to overlook the experiences
of minorities in the workplace. On the other
hand, some references to personal characteris
tics might be prejudicial because of negative
stereotypes associated with certain groups.
The court agreed. The decision, which
upheld the jury verdict for technical reasons,
admonished that judges should not allow irrele
vant personal characteristics to be considered
and that particular attention should be paid to
objections by plaintiffs to instructions referenc
ing particulars of an employee’s race, gender,
sex, ethnicity or sexual orientation.
NATIONAL
urgeon General David Satcher released a
comprehensive report on sex education
June 28 and urged U.S. leaders to let science
guide the country’s public policy.
The Surgeon General's Call to Action to Pro
mote Sexual Health and Responsible Behavior calls
on the United States to respect the “diversity of
sexual values within ahy community” and rec
ommends a “mature and thoughtful discussion
about sexuality.” It advises that sex education
begin early, be wide ranging and be available
throughout one’s life.
No evidence indicates
“abstinence-only” pro
grams are effective, ac
cording to the report. It
also says sex education
programs should explain
how to prevent unwanted
pregnancies and sexually
transmitted diseases.
Improving access to
reproductive health care
services for all people is
recommended. Addition
ally, it discusses the consequences of harassment
on the mental health of gay men and lesbians
and says no scientific evidence indicates one’s
sexual orientation can be changed.
“In their extreme form, anti-homosexual
attitudes lead to anti-gay violence,” the report
says. “Averaged over two dozen studies, 80 per
cent of gay men and lesbians had experienced
verbal or physical harassment on the basis of
sexual orientation, 45 percent had been threat-
S