Vol. 7, No. 4
April 1992
K-Mart
Probe
... page 5
Blood Money,
Part 1
... page 4
The Cawlmae" Meet Compreheneive Gay leebian Hewepaper^^^rrmted on Recycled Faper^^ FREE
Health officials’ credibility at stake in ACT UP iawsuit
by David Jones
Q-Notes Staff
DURHAM—^The judge who heard ACT
UP/Triangle’s lawsuit to restore anonymous
HIV testing to County Health Departments
has delayed a decision for several weeks.
Judge Brenda Beckton ordered that a written
transcript of the three days of testimony be
produced, probably in order to study conflict
ing testimony presented by State health offi
cials and ACT UP witnesses.
Observers speculate that the order for a
transcript is related to assertions by ACT
UP’S lawyer, Stuart Fisher, in his closing
arguments. He said that State Health Director
Ron Levine and Communicable Disease Chief
R. A. Meriwether had presented testimony
that was not credible during the trial. Crimi
nal charges could be filed against them if the
court believes they have perjured themselves.
'The challenge to the State’s credibility
relates to questions asked repeatedly by Fisher
about political pressure to eliminate anony
mous HIV testing. As reported earlier by Q-
Noles, Levine and Meriwether both testified
under oath that there was no political pressure
to end anonymous HIV testing.
Several ACT UP witnesses contradicted
Levine and Meriwether, pointing out instances
either where political instructions were deliv
ered to the State Health Department publicly
or where staff members were told that the
elimination of anonymous testing was a po
litical decision.
Fisher reminded the court of a number of
inconsistencies between Levine or
Activists Protest Zeidman’s
withdrawal from NOVA
by Gordon Rankin
Q-Notes Staff
Arthur Zeidman, Director of the North
Carolina Division of Victim and Justice Ser
vices, decided in January to withdraw his
agency from participation in the National
organization for Victim Assistance (NOVA)
on the basis that NOVA provides assistance
and advocacy for gay and lesbian hate-crime
victims. The decision met with statewide an
ger and opposition by lesbian and gay rights
activists and resulted in a March 6 demonstra
tion in Raleigh.
The January severance letter by Zeidman
to William Schenck, NOVA president, ex
plained, “I can no longer commit the re
sources of my agency to support an organiza
tion which has corrupted that goal into a
liberal political entity which will advocate for
those who voluntarily break the laws or en
gage in immoral behavior.” Zeidman’s appar-
cntreference was to the State’ s“Crimc Against
Nature” (or “sodomy”) statues, which forbid
oral or anal sex between partners of any
sexual orientation.
Mab Segrest, spokesperson for the North
Carolina Coalition forGayandLesbian Equal
ity (NCCGLE), said, “Ibe man doesn’t un
derstand North Carolina law or the US Con
stitution and he’s out of step with the FBI.”
Segrest spoke in reference to the Fourteenth
Amendment which provides for equal protec
Meriwether’s testimony and that of others.
For example, Irving Hoffman of the Durham
County Health Department testified that he
called the State to find out why Durham was
not one of the 16 sites selected to retain
anonymous testing (Durham has the highest
number of AIDS cases percapita in the State).
He reported being told by Meriwether, “Be
cause you do too many anonymous tests.”
Meriwether denied making the remark.
Levine testified that he did not even know
the Governor’s position. However, one memo
introduced into evidence, obtained under the
State’s Public Records Law, shows Sec. of
Environment, Health and Natural Resources
William Cobey asking Governor James Mar
tin for instructions on the issue. Among the
choices Cobey outlined were to eliminate all
anonymous HIV testing immediately or defer
to the judgment of the Health Services Com
mission.
At the Commission’s November 9,1989
meeting, the Governor’s decision was an
nounced. The Commission was considering a
proposal from Levine to phase back anony
mous testing to regional centers but not end it.
Levine’sboss, Deputy Secretary for Health
George Rudy, told the Commission he had
spoken with Gov. Martin about the issue and
the administration’s decision was that anony
mous testing should be eliminated immedi
ately, reversing the State’s earlier support for
regional anonymous testing centers. He and
K^n Morrison, representing Lt. Gov. James
Gardner, also told the Commission that if it
Continued on page 19
Murder suspects arrested
for beating gay man
A Gaston County Police Officer found the
victim badly beaten and walking down South
Point Road. The man said he had been picked
up at Scorpio by a young man who asked him
if he wanted to go for a drive.
According to police, the pair drove out to
South Point Road at the young man’s sugges
tion. A car which had followed the pair pulled
up and four men got out.
One of the suspects
referred to this practice
as ^^ganking^* accord-
ing to Gaston County
Police,
by Dan Van Mourik
Q-Notes Staff
GASTONIA—According to a report in
The Gaston Gazette, five men have been
arrested in connection with the beating and
robbery of a gay man. Four of the men charged
were already in jail on charges of armed
robbery and murder in the shooting death of
Gastonia bondsman Eddie Dow. They are
Jamie Doyle Bivens, 20; Anthony Maurice
Cathcart, 21; Dennis James Eason, 19; and
George Cale Buckner, 23. The fifth man,
Gary Lee Johnson, 19, has been charged with
strong-armed robbery and has not been
charged in the Dow case.
Gaston County Police stated the robbery
occurred three days before Dow was robbed
and killed on February 19.
Investigators charged the men with luring
the victim from Charlotte’s Scorpio Lounge
to a secluded place called the “hot spot” on
South Point Road in Gaston County where
the robbery and beating occurred. One of the
suspects referred to this practice as “ganking,”
according to Gaston County Police Detective
James Buie.
“They pulled him out of the truck and
started kicking him and beating him with
their fists,” Buie stated.
During the assault, the men ridiculed the
victim for being gay, police said. They took
Continued on page 22
tion to all citizens under the law, and to the
Federal Bureau of Investigation reporting
guidelines under the 1990Hate Crimes Statis
tics Act which provides for victims of crime
based on race, religion, ethnic/national heri
tage and sexual orientation.
Both Segrest and Jimmy Creech, Program
Associate for the North Carolina Council of
Churches, speculate that the severance letter
may have b^n written in response to political
motives and an interest in appealing to the
State’s right-wing voters. Joe D^, Zeidman’s
direct supervisor and Secretary of the State
Department of Crime Control and Public
Safety, is running this year for North Carolina
Attorney General.
“Mr. Zeidman is using innocent victims of
anti-gay crimes as political footballs in an
election season,” Segrest said.
The March 6 protest was organized by
NCCGLE, the North Carolina Council of
Churches, and the North Carolina Lesbian
and Gay Political Action Agendas. Approxi
mately 35 demonstrators assembled outside
the Archdale Building which houses the of
fices of Dean and Zeidman. The protest lasted
some 20 minutes and a press conference,
attended by the Associated Press, The Char
lotte Observer, WUNC-FM, Q-Notes, The
Front Page, and other media, followed.
At the conference, Creech said that he and
Continued on page 5
Nominations sought for First
Annual Q-Notes Awards
CHARLOTTE—^Thisyearat the annual
Q-Notes Sunwier Breeze Gay and Lesbian
Pride Picnic, Sunday, June 7 at Charlotte’s
Bryant Park, we will inaugurate a pair of
very special awards for two individuals
from the Carolinas.
The first, known as the Mark Drum
Memorial Award, will recognize an indi
vidual who has done outstanding and ex
ceptional work in the HIV/AIDS-affected
community.
Mark Drum was a Q-Notes staff writer
who chronicled his battle with the disease
until his passing last May. We are honored
to pay tribute to Mark and feel this award
will be our appreciation in action.
The second citation is the Q-Notes
OUT'.Bound Award whose recipient will
be someone who has made a significant
impact on the lesbian and gay community
in North and/or South Carolina.
This person will have made a viable
change through activism, lobbying, and
community service.
If you or your community service orga
nization know a person who should be
considered for either prize, please write to
us. Include in your letter a brief personal
profile of the individual; a description of
their work and performance; and the rea
sons why their contribution has been ex
ceptional.
We are aware that hundreds of people in
the gay and lesbian community are com
mitted everyday to extinguishing disease;
suffering; bigoti^; bashing; and discrimi- ^
nation, so choosing these recipients will be ’
a difficult process.
The deadline for your submission is
Friday, May 1.
All applications will be given serious
consideration by a nominating committee;
award finalists will be voted on by the
entire staff.
We look forward to hearing from you,
and learning more about our fine commu
nity members and volunteers.
Please make sure that you include your
contact information, as we will be making
further inquiry regarding finalists.
Send your submissions to Q-Notes P.O.
Box 221841, Charlotte, NC 28222