Date: Mon, 25 Nov 1996 07:20:21 -0500 (EST)
From: A Jay Eddy <ajayeddy@bcfreenet.seflin.lib.fl.us>
Subject: Gay Veterans Taking on the American Legion (fwd)

A Jay Eddy
ajayeddy@bcfreenet.seflin.lib.fl.us

---------- Forwarded message ----------
Date: Sat, 23 Nov 1996 11:58:44 GMT
From: Johnson, Kevin Warren Wadsworth <kevinww@cwnet.com>
To: AJayEddy@bcfreenet.seflin.lib.fl.us
Subject: Gay Veterans Taking on the American Legion

>For those interested in the basis for the recent lawsuit filed by the
>Alexander Hamilton Post #448 of the American Legion, the largest gay and
>lesbian American veterans organization with nearly 500 members, against the
>California Department of the American Legion, what follows are two  verbatim
>exhibits presented to the Office of the City Attorney for the City and
>County of San Francisco by the law offices of Stanton, Kay & Watson on
>August 2, 1996.  [For more information, contact Catherene Parker, Commander,
>Alexander Hamilton Veterans, via snailmail:  Post Office Box 411077; San
>Francisco, CA 94141-1077 or at 401 Van Ness Avenue, Room 202; San Francisco,
>CA 94102-4587.)
>
>Exhibit A:  Allegations of Wrongdoing by the (California) Department (of the
>American Legion)
>
>It required a "sustained struggle" with the Department before Post 448 could
>even obtain desk space in the War Memorial Veterans' Building.  Such space
>was finally granted in August, 1984, and the Post received a charter from
>the Department in 1985.  What should have been a routine application became
>a contentious process over several years.
>
>When the Post attempted to publicize its existence and its activities in the
>Department's state-wide publication for members, the Legionnaire, the
>Department responded with evaisive non-information, and effectively
>presented (sic - prevented) the Post from publishing anything at all in the
>Legionnaire.  At teh same time, the Department accepted notices from other
>Posts, and published articles decrying the service of gays and lesbians in
>the armed forces.
>
>The Department advised potential members that Post 448 was a "gay post", and
>tried to discourage potential members from joining Post 448.
>
>The Department used its offices at the War Memorial Veterans' Building to
>distribute anti-gay literature, and to sell an anti-gay videotape to other
>Legion posts and to the general public.
>
>Department employees routinely made derogatory remarks about gays and
>lesbians, gay and lesbian veterans, and gay and lesbian Legion members, and
>the Department condoned such speech.
>
>The Department attempted to prevent the Post from laying a wreath at the
>Tomb of the Unknown Soldier in honor of gay soldiers killed in action.
>
>When an office formerly occupied by Mr. Sharkey (himself both a [War
>Memorial] Commissioner and a Department officer) became vacant, Post 448
>requested use of the space.  The request was summarily denied, without even
>a meeting of the War Memorial Commission facilities sub-committee.  Shortly
>thereafter, the Department requested the use of the same space, and the
>space was summarily granted to the Department, again without even a meeting
>of the War Memorial Commission facilities committee.
>
>On October 26, 1995, in the midst of the HRC (San Francisco Human Rights
>Commission) investigation, Charles Oswald, President of the War Memorial
>Commission and an officer of the Department, told David Ewing that the
>Swords to Plowshares organization was "unpatriotic" because it supported
>Post 448, and the problem with Post 448 is that they are all gays.  Mr.
>Oswald told Mr. Ewing that the American Legion did not approve of
>homosexuals, that he and the Department were collecting evidence against the
>gay veterans, and that he planned to retaliate against them.  Mr. Ewing
>provided a sworn declaration in this regard to the HRC.
>
>Subsequent to the filing of the HRC complaint, and during the actual HRC
>investigation, members of the Department and the Commission harassed (sic)
>and threatened members of Post 448.
>
>
>
>Exhibit B:  Verbatim Transcript
>
>Excerpts from the audiotape of the special meeting of the War Memorial
>Commission on Tuesday, November 14, 1995, as transcribed by Arch Wilson
>(member, Post 448) on November 21, 1995.
>
>(American Legion) Delegate Joe Arriego:  "...I don't know of any law that
>says that we have to accept homosexuality at all.  I know that there is
>discussions (sic) of it.  There is no law.  We are American Legion... I
>would say that if majority counts, and this is a democracy, we are against
>it... this type of blackmail... There is nothing in the Constitution that
>talks about homosexuals as far as we are concerned... This is not a legal
>court... I'm not here as an American citizen to talk about homosexuals...
>because it is none of our business.  We are not in the homosexual business."
>
>Delegate Francis Heffernan or Heffron:  "There is nothing in the
>Constitution of the United States of America that one individual will ever
>have to accept another individual's lifestyle."
>Kevin W.W. Johnson
>
>
>
Kevin W.W. Johnson