Queer on ben's notes

Sine die update: jockstraps and all

Fri, 08 Mar 2024 00:00:00 +0000

Now that the state House and Senate have adjourned sine die for the session, we can take a breather and talk about what all went down. I tried to stay current on Mastodon, but it’s been moving fairly quickly in the past few weeks and I didn’t have time to blog about it. As it is, the end result has been excellent, so I’m not even particularly frustrated about it!

Okay, so what happened here?

Data science, yes please

The LCB’s research arm is assembling a dataset on lewd conduct enforcement over the history of the rule. (I know, it’s the prohibited conduct rule, but … I like this term better.) They’ve noted this is taking some time, due to the numerous different archives they have to integrate–and a desire to make sure that it’s defensible. A focus on data quality is admirable and I appreciate that the agency’s researchers are getting the opportunity.

Meanwhile, rulemaking has been opened and they’re actually planning to address the petitions to repeal the WAC next week. In all, the agency’s following through, and I’m quite impressed.

We really meant it

The original version of SB 6105 didn’t address alcohol at all, really; the substitute bill added rules for allowing alcohol sales but had this funny phrasing so as to keep the lewd conduct rule. However, that was on the 29th–as the community response to the raids was just ramping up. By Wednesday, the LCB was readying a response as the community put forward an extremely large and loud statement. By the time the bill reached the House, we’d gotten an amendment instructing the LCB to strike the rule in its entirety.

Well, after a rewrite via striker amendment, and some additional language-smithing, we’ve got a final bill that established some of the firmest language it could protecting vulnerable workers at strip clubs, and which refines the LCB’s charter to explicitly remove regulating attire or behavior from its remit. This is fantastic; in the end, it seems the LCB’s actions are going to land first, but it’s comforting to see corresponding pressure on the board from the Legislature.

None of this work in the legislature would have happened without the engagement of Strippers Are Workers–Madison Zack-Wu and many other dancers presented excellent testimony, and the group has done the work to gather evidence and supporting data. This bill is, without a doubt, the result of their dedicated effort, and I just wanted to thank them for it.

Now what?

For now? I’m enjoying the attitude that we get from not having that rule looming over us. I love the freedom that we’re getting to see, and I’m having fun on nights out. I intend to keep doing that, especially since there’s a political aspect to them now.

So let’s dance.

An open letter to the WSLCB

Thu, 15 Feb 2024 18:19:33 -0800

In light of the active rulemaking on the Prohibited Conduct rule (WSR 24-05-037/“The CR 101”), and based on some of my remarks in my last post, here’s the message I wrote to the rules coordinator.

I’ve seen a lot of anger from people all around me, and a lot of strong passions. What I will encourage everyone who’s looking to comment on this is, there is a clear disconnect between the behavior and actions of the commission and the enforcement division. The commissioners, in every public meeting, have made it clear that they are willing to consider repeal without replacement. In fact, Vollendroff has advocated for repeal at every meeting I’ve observed. With that in mind, I’m willing to have a more conciliatory tone–I think we’ll get what we want best without being too aggressive, just firm.

To the WSLCB Rules Coordinator,

I’m writing as a Seattle-area resident and member of the queer community to encourage the LCB to fully repeal WAC 314-11-050, and remove this outdated stain from the state codes. This is particularly important given the events of the weekend of January 26th, and their continuing fallout.

This code originated out of a desire to control “appropriate” expression by minority communities (and block the sale of alcohol at strip clubs), and today it evidently has continued to be used for that purpose. The best way to prevent future abuse is to remove the mechanism that enables it; if this rule, or something substantially similar remains in effect, we have no guarantees that we will not once again see overzealous enforcement of that rule at some point in the future, long after the current commissioners have moved on.

The main concern of the LCB should be the proper handling of alcohol; the behavior and attire of patrons is fundamentally outside of that mission. Communities can and will have differing standards of conduct in their social spaces; this is fine! There’s a vastly different expectation of behavior in a gay bar or other queer social space, especially during a theme night or party, than there is at a straight bar. The problem arises when a separate culture’s expectations are enforced on that other group–which is what WAC 314-11-050 does–and any substantially similar rule would have the same effect.

At the Jan 31st LCB meeting, Chairman Postman remarked that he doesn’t believe the Board should be in the business of mandating morality. In fact, he noted that the board approves of SB6105 and wants to establish a means for strip clubs to sell alcohol! In light of this, I would encourage the commissioners to act on their initial intuition, and repeal the rule.

I hope that the commissioners of the WSLCB will make the right choice for communities across the state, and repeal this outdated and punitive rule.

I’ll post another update when rulemaking concludes. If you live in Washington, care about the freedom of the queer community to define their own expectations about their social spaces, and you’re reading this before March 22, 2024, I would encourage you to submit your own comment to the WSLCB. Be sure to mention the rule in question (and probably the WSR, I’ve not done this before but I assume that doesn’t hurt.)

Sexuality and Community

Sun, 04 Feb 2024 22:02:47 -0800

It’s been one hell of a week. Last weekend, WSLCB & SPD raided 4 gay bars, supposedly expecting to find some like, truly awful activity. Instead, they saw… a nipple, and jockstraps. We, the community, reacted strongly to these events. Actions like this have often been used to quell our freedoms in other cities, and the Seattle Eagle has had similar raids in the past. Even though this weekend’s “enforcement actions” didn’t ultimately result in citations being issued, they were still a threat to the whole community. In the absence of a robust response, they would have been emboldened to cause more problems for us.

Well, the community delivered in spades on the response. Tuesday’s meeting of the Liquor & Cannabis Board did not have a public comment section, but it was attended virtually by over 400 people. During it, the chairman seemed to be disappointed he was even having to address an issue about “lewd conduct”, and they spent a great deal of time on the formulation of their new mission statement; the wording about public health and safety was extremely important to them.

As a follow-up to the initial meeting, people brought statements on Wednesday, to the tune of 2+ hours of comment. A common theme was how the community could not accept that these were “normal visits”, when there were police shining flashlights on people, spotlighting their attire and then taking photographs. Likewise, the community pushed back heavily on the concept that the LCB was doing anything to improve the health and safety of the LGBTQ+ patrons of these bars; taking photos, which would need to be published, is a great way to out people who aren’t out in their private lives and instead thrust them into public view. As one man–a Marine veteran from the DADT days–said, he was able to get out with his honor intact, but there weren’t people going into the bars and taking photos. By the end of it, I got the feeling that the board was regretting having spent so much time on their mission statement the day before.

(If you don’t feel like watching the whole thing–which is understandable–Vivian McCall at The Stranger did an excellent write-up, and @nullagent@partyon.xyz live-commented both sessions.)

The week culminated in WSLCB pausing enforcement of the “Lewd Conduct” rule. This pause went into effect Thursday night, and by Saturday folks had realized how they wanted to approach this new environment.

One of the funnier side effects of all this to me is the rapid changes to the dress code section of the website for one of the bars in town. The dress code had a “recenly updated” notice on it for a few days, stating that bare butts wouldn’t be allowed; that disappeared within a day of the WSLCB rule change. Jockstraps were back on the allowed list, and a whole lot more besides.

Expectation within a minority culture

What makes a queer bar? What’s “acceptable behavior” really, and how does a historically marginalized community with a culture sometimes standing at odds with the majority culture around it navigate these unsteady waters?

First, I’m going to address the definition of the space. A queer bar is a space operated by, for, and on behalf of any subset of the queer community. Slapping a flag on the door is one thing; having gay, lesbian, or trans staff, and running events catering to those communities’ interests is a more concrete example of doing this. Hosting community group event nights, for instance, is a way to build association with the community. In the case of The Cuff, they’ve hosted SEA-PAH, the Seattle Pups & Handlers, for years. Both The Cuff and the Seattle Eagle host circuit parties, underwear nights, and kink events, all of which cater heavily to the gay community.

Next, let’s take a moment to talk about the social mores of gay spaces and gay events. I think it’d be good to talk about what makes a space uniqutely gay or not, and how it differs from a straight space. One notable difference is the degree of physical contact we see in gay bars and gay communities. If you’re having a conversation with someone at a gay bar, you’re almost always going to end up touching arms, shoulders, and possibly more as a part of the conversation. We’re a touchy bunch–always with consent, and that’s not okay to breach–and we tend to like to have a lot of contact. Along with that heightened contact, there’s an overall acceptance of showing a lot of skin at a gay bar. At an event with a lot of bears, it’s rare to see shirts stay on, just because it’s a lot more fun to be shirtless; this, combined with the aforementioned touchiness, results in a lot of belly-rubbing.

Lastly, there’s a question of sexual appetites and community standards. A bar creates an environment where everybody’s at least 21, and when you combine people with mutual attractions in a safe space to express those attractions, some folks tend to want to express it in a more explicit fashion. Where gay culture veers radically away from straight culture is, sex in a public, but limited space, isn’t really seen as offensive to encounter, and certainly doesn’t rise to the level of causing alarm. When looking at the definition used in Washington for indecent exposure, for instance, being naked in a gay bar isn’t going to cause a reasonable patron affront or alarm; we can see dicks on the TV monitors, why can’t we see them on the people around us? And once it’s out, and given that we’re a touchy bunch… why not play with them, while we’re at it?

So, we get back to the core issue: the WSLCB’s rules are written from a majority culture standpoint, which sees sexuality as something to be ashamed of and hidden (at least in their stated rules) while gay culture celebrates it and incorporates it into the commonplace experiences of the bar. This is part of what makes the gay bar such a core place in our cultural expression; it’s a little, walled-off environment where we exist in isolation from the surrounding culture, allowing us our free expression in an environment without shame or external interference.

Collision of expectations, and where we go next

It’ll be interesting to see how the next few weeks play out. With the pause on the WSLCB’s lewd conduct rule, Fetish Night at one bar got a lot more wild–but really, in ways that are absolutely in keeping with the culture I described. There were by far more jockstraps than usual on attendees, and a number took the opportunity to disrobe completely (barring boots) for the evening. There was a sort of jubilance to the night, and a sense of “getting away with something” that … we’ll see if it sticks around.

The real issue is that while there are actual concerns–things like overservice, improper ID checks–these seem to have been ignored for weird moralistic issues like a bartender’s nipple. We as a community can’t trust that the LCB will do their actual job if they’re so busy trying to moralize to us about how our community should operate, and pursue weird vendettas. If they take their loss and learn from it, and don’t attempt to retaliate, maybe we can start working on a trusting relationship. Unfortunately, that all remains up in the air, and the LCB will be starting from a deeply negative position in regards to the community’s trust in them.

I would appreciate a less antagonistic relationship with regulators, for the community as a whole. They’ve got a lot of growing to do first.