The Latest Q^POLL Results
Should gay Republicans remain in the party to
work for change from within, change party affiliation,
or ignore gay issues and do nothing?
Stay/Work
39%
Stay/Do Nothing
17%
Leave
44%
The Carolinas’ Most Comprehensive Gay & Lesbian Newspaper
Vote at www.q-notes.com
Published Every Two Weeks On Recycled Paper • Volume 14, Number 2 • June 12, 1999 • FREE
Appeals Court: ADA does not prevent insurance
companies from offering inferior service to PWAs
by Peg Byron
Special to Q-Notes
CHICAGO—In a decision with possible di
sastrous implications for many health insurance
policyholders, a divided federal appeals court
overturned a ruling that had struck down dras
tic restriaions on coverage for two Chicago men
with HIV, despite a mountain of evidence
showing there is no need for such discrimina
tory caps.
Lambda Legal Defense and Education Fund
and AIDS Legal Council of Chicago (ALCC)
expressed disappointment over the decision
which severely undermines the anti-discrimi
nation protections of the Americans with Dis
abilities Act (ADA). Lambda and ALCC filed
the case on behalf of the men.
A panel of the United States Court of Ap
peals for the Seventh Circuit ruled 2-1 on June
2 in Doe and Smith v. Mutual of Omaha that
the ADA does not apply to the content of In
surance policies, even if those policies are dis
criminatory. The majority interpreted the ADA
as prohibiting businesses from excluding alto
gether people with disabilities, but not from
offering them inferior services.
Heather C. Sawyer, the staff attorney in
Lambda’s Midwest Regional Office who argued
the case before the Seventh Circuit in March,
said, “Insurance policies place all sorts of across-
the-board limitations on coverage to reduce
costs. However, singling out a disability and
refusing to cover expenses from it is unprec
edented. Discrimination is the only possible
explanation for such cruel limits.” She added,
“Mutual conceded that its caps lack any sound
actuarial justification whatsoever and the HIV-
related medical care is not costlier than that for
other diseases.”
ALCC Executive Director Ann Fisher said,
“This tortured interpretation of the ADA will
affect all policy holders. The ruling gives the
entire insurance industry broad license to in
stitute coverage caps on any health problem it
chooses, regardless of the real costs of care. For
people with AIDS, it legalizes irrational dis
crimination by health insurers.”
In his dissent from the majority. Judge
Terence T. Evans wrote, “[W]e are being asked
to decide whether an insurer can discriminate
against people with AIDS, refusing to pay for
them the same expenses it would pay if they
did not have AIDS. The ADA assigns to the
courts the task of passing judgment on such
conduct. And to me, the Mutual of Omaha
policies at issue violate the act.”
Mutual of Omaha issued the health insur
ance policies for the two men, identified as
“John Doe” and “Richard Smith” in court pa
pers, but put a lifetime ceiling for HIV-related
coverage at $100,000 and $25,000, respectively.
These artificially low restrictions have forced
Doe and Smith to consider foregoing state-of-
the-art therapies that could prolong their lives.
Mutual, however, does not put such restric
tions on coverage for a host of other serious
illnesses which are insured by the company for
up to $1 million. It reinstates an additional $1
million in coverage for policyholders who make
no new claims after two years.
The appeals court ruling opens the door for
Mutual to restore the caps in Doe’s and Smith’s
policies which the company agreed to remove
under a December 1998 order by US District
Judge Suzanne.B. Conlon. T
Embattled proprietor given new flag violation notice
by Dan Van Mourik
" Q-Notes Staff '
MYRTLE BEACH, SC—City code inspec
tors issued Linda Robertson, owner of the Rain
bow House Bistro, a violation notice Friday,
May 21, saying her prisoner of war/missing in
action (POW/MIA) flag violates the city’s sign
ordinance. Robertson is currently fighting the
city over the right to fly rainbow flags at her
business.
“I feel [Robertson] has every right to fly the
POW/MIA flag to honor the men and women
who were prisoners of war as well as those that
are still missing and may yet be prisoners,” said
Jim Dudgeon, retired sergeant first class with
the Army. “It really sounds as if the city is ig
noring the veterans of all the wars who fought
and gave them the freedom to make such deci
sions.”
Robertson said she was shocked the city
won’t allow a POW/MIA flag, especially given
the country’s military conflict in Kosovo.
“It devastated me,” Robertson said. “That
flag is making a statement to remember every
person vvho ever served. To say we can’t fly that
flag — what’s next? What other rights will be
stripped?”
This latest incident was added to Robertson’s
lawsuit against the City of Myrtle Beach which
was filed in federal court by the SC American
Civil Liberties Union. The suit asks that the
city be barred from enforcing the sign ordi
nance.
Robertson had been flying the POW/MIA
flag along with the rainbow flags. She said she
flies it out of respect and for an employee who
has a family member missing in action.
The city did not notify Robertson earlier
that the POW/MIA flag was in violation be
cause city inspectors didn’t notice it, said Mark
Kruea, the city’s public information officer. He
said the city doesn’t have a problem with the
message of the flag, it just doesn’t allow flags in
the amusement park district (where Robertson’s
business is located) unless a business owner has
more than five acres. Though the city does not
allow the POW/MIA flag, the federal govern
ment has mandated that the flag be flown at
by Charles Carson
Special to Q-Notes
ATLANTA—US Olympic diver David
Pichler and US Olympic swimmer Bruce Hayes
are expected to return to the Atlanta Olympic
Pool to join more than 1000 swimmers, divers
and water polo players at the Tenth Interna
tional Gay & Lesbian
Aquatics (IGLA) Champi
onships scheduled for June
18-20. The host for the
meet is the Atlanta Rain
bow Trout, a predomi-
nandy gay and lesbian mas
ters team comprised of
more than 100 members.
Both Pichler and Hayes
know the Atlanta facility well. A finalist in the
10-meter platform event in Atlanta, Pichler
moved up in the last round to finish sixth.
Hayes, gold medalist in the 4 x 200m freestyle
relay at the 1984 Los Angeles Olympic Games,
was Assistant Competition Manager for Swim
ming in 1996.
Pichler will not compete but is appearing
counesy of Speedo, an official sponsor of the
1999 IGLA Championships. Pichler has been
a longtime member of Team Speedo, a group
of athletes endorsed by the swimwear giant.
“As a gay athlete, I am proud to represent
Speedo at the IGLA
Championships,” said
Pichler. “I’ve heard good
■ things about this event and
I hope to assist in making
this the best year ever.”
Since the Atlanta
Olympic Games, both
Pichler and his current
coach, US Olympic diver
Patrick Jeffrey (Seoul, 1988; Atlanta, 1996),
have been featured in The Advocate, a gay
newsmagazine. Pichler’s interviewer was Greg
Louganis, who came out as gay during two
highly-publicized and well-received diving ex
hibitions at the 1994 Gay Games.
F-
*':>1
le^ t six day|.a year at military installations, fed
eral national cemeteries, the National Korean
War Veterans Memorial, the National Vietnam
Veterans Memorial, US post offices and other
federal sites — among those the White House.
The six days are Armed Forces Day, Memorial
Day, Flag Day, Independence Day, National
POW/MIA. Recognition Day and Veterans Day.
“What is their reason for not wanting to
support something as patriotic and American
as supporting Anierican troops?” asked Ann
Mills-Griffiths, executive director for the Na
tional League of POW/MIA Families, which is
the organization that designed the flag and gar
nered it national recognition.
“It’s very insensitive, particularly when we
have troops serving in Kosovo,” Mills-Griffiths
observed.
“I don’t think [Robertson] should take the
flag down by any means,” retired Army Pvt.
Gene Westfall added in support. “I was a pris
oner of war for 14 months in World War II. I
don’t want—I don’t think the American people
should ever forget.” T
Gay US Olympians dive into aquatics competition
Ten years ago there were no out gay Olym
pic swimmers or divers at the IGLA Champi
onships or the Gay Games. Hayes became the
first when he participated in the 1990 Gay
Games in Vancouver. Gay female Olympians
have yet to take the plunge, but since 1990 male
participants have included American swimmers
Mark Chatfield (Munich, 1972) and Dan
Veatch (Seoul, 1988), Dutch swimmer Peter
Prijdekker (Munich, 1972) and Canadian diver
Scott Cranham (Montreal, 1976). Other out
Olympians now include Australian diver Craig
Rogerson (Seoul, 1988; Barcelona, 1992) and
Canadian swimmer Mark Tewksbury (Seoul,
1988; Barcelona, 1992).
“It’s about time,” Hayes laughed. “It’s not
like we didn’t know there were others out there
besides me. We’ve almost got enough now for
a glee club.
“Just in the last year, Patrick Jeffrey and Mark
Tewksbury have come out,” said Hayes. “I think
the environment has become more comfortable
See AQUATICS on page 8
Vermont state auditor Ed Flanagan
Openly-gay US
Senate candidate
to make histoiy
by David Stout
Q-Notes Staff
- MONTPELIER; VT—For the first time in
American history, an openly-gay candidate will
try to win a seat in the US Senate. Vermont
state auditor Ed Flanagan hopes to defeat Re
publican incumbent Sen. James Jeffords in the
next election and political analysts say the well-
respected challenger is a viable contender.
Flanagan is currently the nation’s first and only
openly-gay statewide elected official.
Now serving in his fourth term as state au
ditor, Flanagan has become known for his ef
fectiveness at protecting healthcare and retire
ment security for Vermont’s working families
while standing up for taxpayers as a watchdog
against wasteful government spending.
“As a Vermonter working for Vermont’s
working families, I have been a voice for tax
payers and consumers whose healthcare and
retirement security have been threatened by
needless government waste,” said Flanagan. “I
deeply believe that fiscal responsibility and so
cial responsibility go hand in hand. Vermont
ers deserve a government in Washington that
knows the value of their hard-earned tax dol
lars and champions their common-sense pro
gressive values.”
As a senator, Flanagan would continue to
advocate healthcare reform and retirement se
curity. He is strongly committed to strength
ening Social Security, Medicare and Medicaid
for the growing number of America’s senior citi
zens; boosting the minimum wage to keep pace
with the increasing cost of living; toughening
enforcement of laws to guarantee equal pay for
equal work; passing the Employment Non-Dis
crimination Act to protect Americans from job
discrimination based on sexual orientation; and
ensuring the implementation of sound, strong
public health policies to combat the AIDS epi
demic and meet women’s health needs.
“On a wide range of issues, I am committed
to championing the values we Vermonters hold
dear — while holding our government to the
highest standards of fiscal and ethical account
ability,” added Flanagan. “This is what I have
done in Vermont and this is what I will do for
Vermonters in Washington.”
Flanagan has the backing of US Rep. Barney
Frank (D-MA); Vermont state House Speaker
Michael Obuchowski; and many other Ver-
See CANDIDATE on page 8