Remember California Hall by Frank Fitch

Remember California Hall by Frank Fitch

Published in Vector, February 1973, pages 32-35. From private papers of Chuck Lewis.

Page 1:
frank fitch
REMEMBER CALIFORNIA HALL

"THE BLACK PIPE 21" is a rallying cry in Los Angeles today that refers to
the arrest of 21 persons at a H.E.L.P. fund-raising party in the Black Pipe in
August of last year. Many of the different factions of the Gay community of that city are banding together to meet the threat of police oppression, and the result is -a greatly enhanced sense of communitas. That feeling of sharing in a task, against which is set a great deal of opposition, is the best insurance that Gays will not fall prey to the tendency to attack one another, rather than the true antagonists. Also, from that feeling can
come the broad support from the Gay community that is so necessary to achieve the goals of Gay Liberation.

Eight years ago, the cry in San Francisco was "REMEMBER CALIFORNIA
HALL." This refers to the January 1st, 1965 raid by fifty-five Vice Officers of a Mardi Gras Ball at California Hall. This ball was planned to raise money for the newly-formed Council on Religion and the Homosexual, an organization composed of Gays and Ministers and dedicated to improving relations between churches and Gay people. The reaction by Gays in San Francisco to this police outrage was largely responsible for the rapid growth of gay organizations such as the Society for Individual Rights, which had been formed the year before. In order to better understand this period in the history of the Gay movement, I turned to S.l.R. members Evander Smith and Herb Donaldson, two of the attorneys who stood up to the police and said, "No More!"

They asked me why I was interested in events that took place back in 1965. Mainly, I said, because there are gay people today who were not here when it was the police practice to back a paddy wagon up to the door of a bar and herd all the Gays into it. The next day, their names and addresses would appear in the daily paper, jobs would be lost and families would be notified in the worst possible way. Not only must those who have never experienced that kind of oppression be aware that it was common and that from that kind of cruel and unusual punishment grew the indignation so necessary to the birth of a liberation movement, but also so they can be prepared to never let those days return. The large increase of gay arrests under the present Mayor must not be allowed to
spiral upward, but rather be replaced with a concentration on crimes of violence against persons and property, so that all citizens can be secure in their own city. So we can learn from a study of the past, why Gay organizations burst out of their respectable closets to demand the rights
accorded to other citizens. Many gains have been handed to us today by these fearless men and women. It is meet that we should build upon the foundation already laid, but not take for granted the sacrifices that were required for us to obtain the simple right to assemble in a public place to socialize and dance. So here is a story of bravery, in a time when it was rare for gay people to be so bold.

Hal Call and Don Lucas called Herb Donaldson to tell him that the Council on Religion and the Homosexual, which he and Evander Smith had incorporated, was to have a Ball. But the Mattachine and CRH were anticipating some difficulty, because they had heard from the Police
Department. Evander made the point that all the groups of that time cooperated very closely, for they were still somewhat newly born into an environment that did not welcome their arrival. The Daughters of Bilitis, The Mattachine Society, the Society for Individual Rights were all working together for the Ball that was to raise some money for brand-new CRH. A
meeting was held at the Mattachine offices with Evander, Herb, Phyllis Lyon and Del Martin of DOB, Bob Cromey, an assistant to Bishop Pike, and others. The meeting had barely begun when Rudy Nieto and Dick Castro of the Vice Squad "burst in Iike gangbusters." They let the people there know unequivocally that if they went ahead with the plans for the
Ball, there would be some busts. Evander and Herb told the group that they had a legal right to hold their dance and that they would be there to act as their attorneys.

The night of the Ball, which was New Year's Day 1965, Herb and Evander
parked their car and walked up to California Hall. It was early, about seven-thirty, with the dance not scheduled to begin until eight or nine. Even at that time, there were police cars parked about and a police photographer snapping pictures as people went in. They checked with the people at the door who were collecting the invitations. There were
certain guidelines they had set up to safeguard the private nature of the affair.

Page 2:
They weren't there but a couple of minutes, and there several plain-clothes policemen, who were known by sight, and came in to check around. They were allowed in to look around, for as Herb put it, "We had nothing to hide; there was nobody violating any law." Within a few minutes after they arrived, another group came while the first group was still
looking around. Then the first group left, and yet another group came. Very soon after the third group of police arrived, the attorneys had a conference between themselves. "We said, in effect, 'No more.' We've shown good faith and the last police officer has made his inspection. So the next group came and that was Officers Nieto, Castro and Margaret
Hartman. And we said, 'No! You can't come in!' I think they were nonplussed; they didn't know what to do. They had never had any Gay tell them that before." They stood there, side by side, arms folded, and said "You 're not going in."

Evander took over the narrative: "While we're standing there, Herbert and I are embarrassed, because we're not actors; we're fearful, because we don't know whether this thing is going to get out of hand, or not; we feel tremendous responsibility, because we have encouraged these organizations to do this, knowing that they've either got to do it or realize they can never do it. So in the meantime, we've got lots of people onlooking. We've got ministers packed against the wall, at least a dozen with their wives. Loudly enough that everyone would hear what was going on, because we felt that this was teaching class where everybody could learn how to do this in the future, we quoted the law to the police. We were really naive enough to believe that these policemen were going to respect the law, and the farthest thing from either of our imaginations was that
they would violate the law by arresting anyone. So while we are standing there, we are explaining in a gentlemanly manner, just as we would to a judge in court, what the law is in regard to peaceful assembly. We then told the policemen what their rights are and what the requirements are for them to be able to come in: that they must be chasing someone, or have reason to believe that a felony or misdemeanor is being committed in their presence. And we were giving them legal citations for all of these things. And asking them questions, such as, 'Do you see anyone violating the law?' or 'Did you chase anyone into the building?' or 'Do you have reason to believe that a felony or misdemeanor is being committed? If so, please tell us, and we will let you into the building.' To all of these questions, they would not answer us. Now you must understand that the hallway was eight to ten feet wide and Herbert and I were taking up only about three feet of that space in standing side by side. So we were not physically preventing policemen from
entering the hall. We were just, all within our legal rights, denying them permission to enter. But the police took the position in their own minds that they had a right to pass over the space that we were occupying. And we told them, from the moment they came in, that we were not going to move and that they were to get out, after we verified that they had no right to be there. At some point, when they refused to get out, we sent someone to call the police, on the police."

Herb interjected that "in the meantime, there were more and more police officers crowding in the door; they were kind of incredulous that they were, somehow, being denied access."

Evander continued, "Our procedures were being followed so well; Del Martin, Nancy May, Phyllis Lyon, and one of the ministers' wives were demanding of the police, as they were coming in the door, an invitation. When they saw the police didn't have an invitation, they would ask them to leave. So, while Herbert and I are doing our bit, these women are over
there, very brave, calling the Hargrave detectives over and asking them to evict these people because they don't have tickets. So finally they left."

"Then in a matter of five minutes or so," Herb said, "there was this surge of uniformed police and we were placed under arrest. They did not tell us what we were arrested for, although we did ask the reason for our arrest. We were taken out; we were photographed a multitude of times, as we were taken out, as we were led up to the paddy wagon an sitting in the paddy wagon. This all took place, still very early, about nine o'clock - early
because they wanted to nip it in the bud." At that time they had spotlights outside and they were taking moving pictures of our arrest and of the guests entering the hall. But, by God, I say one has to admire the guts of the people who were just arriving, who just walked in with all the spotlights, photographers, the uniformed police, the paddy wagon, the lawyers being hauled off... "

"Some of them holding American flags," Evander added. "See, we knew there would be trouble, so everybody came prepared, so as Herbert says, you've got to admire those people who had the courage to come there under those circumstances. For this wasn't 1973."

"No, it wasn't," Herb added. "Some

Page 3:
of the Gays these days forget what it was like. It was a very brazen thing to have a drag ball that wasn't on Halloween. We were allocated Halloween and nothing else and finally the Gay community said 'Fuck you, we're going to put on a dress anytime we want to.' This was the wedge that opened the door that we have been streaming through ever since."

Evander called attention to the ministers. "We must give credit to the ministers. They were wonderful." Some of the names they remembered were: Bob Cromey, Chuck Lewis, Ted McIlvenna, Clay Caldwell, Neal Seager, Fred Byrd, Lew Durham, and Cecil Williams. In fact, while we were sitting in the paddy wagon, Cecil came out and he asked us if it would help us if they were arrested. And we said, 'No, it will be better with you as witnesses, rather than as co-defendants. The ministers, to a man, were ready to take up the position that Herbert and I had."

Later, after Evander and Herb had been whisked away, the police arrested Nancy May, then political chairperson of S.I.R., for demanding tickets of the entering policemen, and telling them to get out when they admitted they had no tickets. Also, Don Lucas and Hal Call called Elliot Layton, an attorney who was not gay. But the moment they told him that two attorneys had been arrested for exercising their first amendment rights, he couldn't get there fast enough. Upon arriving, he was briefed as to what had happened, whereupon he went up to the police and repeated what Evander and Herb had said and ordered them out. No sooner had the words escaped his mouth and they arrested him. Later still, after midnight, two guests at the Ball were arrested for lewd and lascivious conduct ... they were alleged to have kissed each other at the stroke of midnight in celebration of the new year.

After arriving at the jail, Evander and Herb made a call to an attorney in their office building, who called Judge Glickfield. The judge immediately called down to the jail and ordered their release forthwith on their own recognizance This was after they had been held in a holding cell for several hours and been booked. So nearly four hours after their
arrest, they arrived back at the party and found the place in a shambles. Most of the guests had by this time left, after the additional arrests.

The next day, which was a Saturday, the ministers held a press conference which was well covered by the media - their pictures were on the front page of the Sunday paper. They said they had consulted with the police in advance

Page 4:
obtained all the necessary permits, received the word of the police that everything was in order and that word was violated. They stated that all of the guests, including themselves, were lawfully and peacefully assembled, and reported what they had seen the police do - the photographing, the spotlights, the harassing searches through the premises and the arrests without cause.

On Monday, Evander Smith received a call from the corporation he worked for as their attorney and was told that his services were no longer needed because his name had been in the papers in connection with this matter. They both received numerous calls from attorneys who volunteered to assist. They also found out that a copy of the police
report had been gratuitously furnished to the State Bar Association. They were offered a chance to accept plea bargaining, wherein they could plead guilty to a lesser charge, and they refused, deciding to plead not guilty, which, of course, they knew themselves to be.

The four-and-a-half-day trial was held before Judge Leo Friedman, the presiding judge of the court, who decided to hold the case in his court due to the constitutional questions involved. At the end of the prosecution's case, the District Attorney announced to the court that he 'rest.' The Judge said, "Well, are you tired?" The D.A. said no. Then the Judge
said, "Why did you say that you wanted to rest?" The D.A. said, "Well, I rest the case." The Judge responded, "Well, I've been thinking that if I sat here long enough I would find out what the case you have is. Now what case are you talking about? You have presented no
case." He turned to the attorneys and asked if they had anything to say. They responded that they moved for an advised verdict, since there had been no violation of law shown by the prosecution. So the judge turned to the jury, and spoke to them for nearly an hour, telling them that he had been practicing law for nearly fifty years, and never in his experience had he seen any case as flimsy as this one. That the prosecution had no case, had not shown any violation of any law, and that although he could not order them to
come back with a not-guilty verdict, they would be well advised to do so. Then with a big smile he said facetiously, "If you come back with a guilty verdict, I will set it aside and hold you in contempt of court." The jury was out twenty minutes, and when they came back, with the not-guilty verdict, the Judge asked in his most gruff voice, "What took you so
long?" And the foreman, a cute young woman, said, "Well, you told us we had to elect a foreman, didn't you?" He said yes. "Well," she said, "it took us fifteen minutes."

We must not allow the humor of the Judge's treatment of the D.A.'s whispy case to detract our attention from the seriousness of the import of the arrests and trial. The attorneys were able to bring out during the trial the preparations the police had made before the dance. They had made up numerous cards with numbers on them, the first six of which were held up before the people who were arrested when they were photographed. The reason for so many cards was that the police had anticipated making at least fifty arrests. They had a Captain sitting in a car with "all this electronic equipment.
It was like a battle station and he was the battle commander." Evander and Herb conjectured as to their change of mind about the mass arrests, which we have to remember were quite common in those days. They feel that the police decided, once they had arrested the attorneys, that they would make it or break it with them. But they feel that if they had not gone through with it, if they had not taken a stand, then there would have been at least fifty arrests of other people that night. Perhaps, once the police had arrested some attorneys, they felt that they had done a serious thing and perhaps
they should slow down and see how they did with them. It also came out at the trial that the police took all the photographs. of the guests entering the hall, whom they admitted they had no reason to arrest, for 'intelligence.' It turned out that 'intelligence' meant furnishing these pictures to other police departments and generally spreading them around. There were about fifty-five police officers assigned to California Hall that night to
make arrests and take photographs. This was a very serious stand that was taken, a first stand, and one that galvanized the gay community at that time.

Not only was it considered, with much justification, to be dangerous to take a stand against police oppression and mass arrests, it was dangerous even to be associated with a Gay organization. The groups of that time chose names such as 'Mattachine,' 'League for Civil Education' and so on, that never used the word 'Gay' or 'homosexual' in the name. Many, many people did not use their real names in these groups. There were no pickets or
protests. No confronting politicians with our problems and needs. For Gay people who were arrested, "the last thing they wanted was for their name to be used in any way.'' They would plead guilty to any charge the D.A. offered in an attempt to avoid publicity. They would not notify any of the Gay organizations of the time of their arrest, let alone call asking for an attorney competent to handle their case, as is done now. As we know, there are a number of people who even today must fear for their custody of their children, even their very livelihoods, in the event of any publicity about being Gay. But not like it was in 1965 and before. No longer is it common practice for the daily paper to print the name and address of every person arrested as a Gay person. No longer does it mean instant dismissal from your job, whatever it may be, just for being Gay. Some Gay people are winning the right to retain custody of their own children.

So we have come a long way from the dark ages of the beginning of the Gav movement. A great deal of progress has been made. But it is not enough. It will never be enough, until we as Gay people. until all people, are free to be whatever it is that we are. Not just free of fear, free of intimidation and oppression, but free to be proud and confident in the knowledge that all people will be judged on their merit, not on their differences from some standard or norm. That is why the stand that these people took was important, as a first giant step in this direction. That is why their decision to join the Society for Individual Rights and take a leadership role within it was so important and still is. The need for people with talent to join together to advance the cause of liberation is still great As Evander said, Gays, like Blacks, Chicanos, Women, and all groups discriminated against are Human Beings and there are rights and a certain respect that is due all human beings. When this is not the case, as Herb said, "You've got to organize. If you want to get anywhere politically, you organize. If you want to get anywhere as a Gay, you'd better
organize. You'd better know who is in your corner, and you'd better have a corner to operate from. It's fine to say, oh, we just believe ourselves to be human beings and we shouldn't regard ourselves as Gays. But it's not very realistic. We are homosexuals! We are homosexuals in a society which, although they may tolerate us at times, still, by and large, regards us as oddballs, kooks, freaks, fags. And as long as we are operating in a society that is like that, we'd better be organized."

DON'T FORGET! THE S.I.R. "BUY GAY" AUCTION
Sunday, FEBRUARY 25th at 3:00 p.m.
SIR CENTER 83 6th St.