NEWS
Kissing contest closed to gays
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Also by Heather Quitos:
- In-Depth: Spending money to make money (April 26, 2007)
- J-Cheezy, UW kick off challenge (April 20, 2007)
- In-Depth: Looking inside UW's closet (April 12, 2007)
- Recruiters face diversity issue (March 26, 2007)
- Tag-team academics (March 14, 2007)
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by Heather Quitos
Thursday, February 9, 2006
A Valentine's Day Kiss Off Contest at West Towne Mall this Saturday may not be for everyone. According to officials at the University of Wisconsin, the mall will not allow same-sex couples to paricipate in the contest.
In outcry against the rule, UW's Campus Women's Center plans to hold a silent protest in the mall.
"I definitely feel like this rule is discriminatory," Publicity Coordinator Stephanie Halfmann said. "It shouldn't be happening."
Originally, the event's sponsor, local Madison radio station WZEE 104.1, had not planned to allow same-sex couples to participate in the contest. But Halfmann said she called station program manager Jon Reilly on Monday to discuss the issue and by Wednesday, Z104 told her the station had decided to change the rule to allow same-sex couples to participate.
However, later that day, Z104 called Halfmann again and said West Towne Mall had oversight of the station and therefore decided to keep the rule as standing.
"Their primary concern with allowing same sex couples to participate was the comfort level of people in the mall," she said.
Z104 representatives and West Towne Mall officials did not return calls as of press time.
According to Halfmann, Z104 "may have been quick" to answer Halfmann's request without regards to West Towne Mall's jurisdiction.
"West Towne has told me that this is final decision," she said. "But who knows if we can get enough buzz and publicity about this."
UW political science professor Donald Downs said the mall may have the right to enforce such a rule.
"If you had a party at your house, the state couldn't tell you who to invite," Downs said. "There might be some state law that would cover this, though I don't know what it would be."
The bigger issue, according to Downs, is the center's right to protest at the mall in the first place.
"We don't have the first amendment right to demonstrate on private property, and a mall is considered private property," he said. "It's going to boil down to if they're standing on private property or not."
Potential consequences for protesting on private property include being asked to leave and being charged for trespassing, Downs said.
Halfmann said many student organizations have shown support for the center's protest, including the Lesbian, Gay, Bisexual, Transgender Campus Center and university program Sex Out Loud.
LGBT Campus Center Outreach Specialist Brad Schomck said the rule does not shock him, but he said he received a mixed reaction after relating the information to students.
"Some of them were shocked by it," he said. "They don't really see this on a day to day basis … but others expected it."
Though the organization will not formally protest, Schmock noted many members and students will participate in the protest.
"I hope [people] understand that we are not out there to make them uncomfortable," he said. "We're just out there to vouch for equality and try to make people realize that discrimination like this can't happen.”
Anonymous (February 9, 2006 @ 9:10am):
Professor Downs, always more of a pundit than an academic, needs to brush up on his Wisconsin statutory law, which prohibits discrimination based on sexual orientation in public accommodations. Despite the mall being "private property," it is in no way legally the same thing as "a party at your house." How absurd! Do you have "open" and "closed" hours at your house? Do you permit people to walk through your front door without knocking? Do you have a food court? A mall is, legally and obviously, a "public accommodation." Same with the contest. Both purport to be open to the public.
In Don Downs' scheme of things a restaurant could refuse service to someone because of their race, sexual orientation, sex and so forth because that restaurant is akin to a "party at your house."
The Badger Herald should stop going to Downs for expert opinion. He doesn't know what he's talking about and he never did.
And the LGBT Campus Center, et al, what a joke! Instead of holding some ineffective and lame protest, why not bring out some lawyers and demand the equal treatment the law provides. When was the last time a protest actually did anything? 1968? Protests ask meekly for equality. Lawsuits demand it. They should stop being whimps and fight for once.
Anonymous (February 9, 2006 @ 10:50am):
Wow, if this can happen in Madison then I guess this country really is in ruins.
Anonymous (February 9, 2006 @ 1:15pm):
wow. lame
Anonymous (February 9, 2006 @ 2:46pm):
Downs is a bit confused (or the reporter oversimplified his quotes). "Your house" and "the mall" are different in that the latter is a public accommodation. And there are laws about discrimination on specific bases (including sexual orientation) in public accommodation, not just in Madison, but statewide in Wisconsin.
And if you're advertising rental of "your house" you can't discriminate either, because you are acting as a landlord.
But feel free to have exclusive parties at "your house." I wouldn't go if you invited me anyway!! Well, maybe if same-sex kissing was allowed, heh heh.
Anonymous (February 9, 2006 @ 3:05pm):
Don't protest, just show up with all your same-sex partners and start making out!!
Anonymous (February 9, 2006 @ 4:11pm):
Does this not piss off anyone else? The mall is willing to take money from gay people, benefit from work done by gay employees, but unwilling to let them act in a way that reveals their sexual orientation. It's unjustifiable and illegal under Wisconsin law. Shame on West Towne and Z104.
PS. Everyone else on here is completely right that Prof Downs missed the point to a degree that makes me question whether he should be making coments to the paper at all.
Anonymous (February 9, 2006 @ 4:21pm):
another protest? yawn.
Anonymous (February 9, 2006 @ 6:41pm):
When will gays learn that they aren't the cultural norm and not everyone wants to see the same sex people making out. There's no reason for seeing it, especially in a public place where and it is not accepted in society. The gay community should learn to deal with there own issues and stop forcing people to accept them.
Anonymous (February 9, 2006 @ 11:01pm):
Not that I agree with the decision, the mall is private property, and protesters do not have the right to protest on that private property.
Anonymous (February 10, 2006 @ 1:16am):
This shows how homophobic society still is. Despite gay rights, there are still homophobes who wish to discriminate against gay people. I hope a lot of men turn up, including straight men, to stage a male-male kiss-in.
Anonymous (February 10, 2006 @ 2:13am):
Wow, I think all of you homos need really consider where you are at. Sure the UW is really liberal (bullshit), but go east of Wisconsin or West of Segoe, and you will find the most blantant disrespect for races, sexes, sexuality. etc. Get out of this hillbilly, redneck, whitetrash town while you still can. Madison is racist, sexist, and full of nazis. Peace out.
L Fletcher (February 11, 2006 @ 4:14pm):
i am disgusted. Straight people in general are far more accepting of things than any of us realise. I dreaded telling my parents i am gay. now i take my girlfriend home for christmas in the village where i grew up and everyone is fine about us. Id bet most of the people the mall management are afraid of offending actually have gay friends and although they might be a little surprised they would not be disgusted!
Every day kids and young adults kill themselves or self harm because they are afraid of what they truly are. Because they think they are the only one who has those feelings - and that they will be hated for it.
this mall is reinforcing the myth that there is something bad about being gay - and therefore encouraging discrimination.
Personally if i had a child with me, i think my "comfort level" would be altered by a kiss off full stop - regardless of the sexuality of the kissers. but then i'm quite old fashioned about public displays off affection - well outside of nightclubs anyway
Anonymous (February 13, 2006 @ 2:43pm):
Some of us understand Diversity but is it really a crime if a "contest" has certain rules that would not qualify a couple? I dont'think so. I think what this protest has done is taken away other peoples rights to their own opinions. Same sex "groups" have have their own dances and parades showing their pride. Why can't Heterosexual groups do this without being.. Well.. should I dare say it? Discriminated. Yes.. I too can pull that card.
