Save ACT UP

ATTENDANCE AT A VOTING MEETING ON MONDAY, JANUARY 8, IS NECESSARY TO SAVE ACT UP.

We need people to attend, for legal reasons, a meeting on Monday, January 8, 2024 (from 7:00-9:00 p.m.), in order to continue functioning. The meeting will be hybrid (in-person at the LGBTQ+ Center on 13th St and also on zoom), and a link is here: meeting link. If we do not have sufficient attendance at the meeting either in the room or on zoom — voting to approve the attached bylaw amendments — ACT UP NY is at risk of ceasing to exist. That is, all of this message is about an issue of the utmost public concern.

Below, we give some context for how we ended up here, followed by an explanation of what we will be voting on at the meeting. The January 8 meeting will only have three items on the agenda, and anything else needs to wait until those three items are resolved. Feel free to use the headings below to skip to what is actually relevant to you.

Background.

Unfortunately, this is necessary because of a lawsuit against ACT UP brought by former member Carlos Aitcheson-Valetin. Carlos resigned from ACT UP, after we began to investigate alleged harassment of other members. Because of the seriousness of the allegations, we continued the investigation to address Carlos’s ability to return. Throughout the investigation, Carlos retaliated against anyone he perceived to be against him, and here are some characteristic quotes (typography clarified):

• “give me a fucking call you tacky lesbian … I’m fucking furious with and never fuck with me this way ever again!!!!”” (to a lesbian member)
• “I’m not done with you. I don’t deserve what you did to me so fuck you and your wife.”
• “I need you to shut up about me. I’m not playing with you.”
• “I’m coming for you now I know you where [sic] behind the abuse toward me.”
• “It ends with me. You want to see what unleash the power means. Just wait.”
• “I plan to make you responsible for part when I have done no wrong. Fuck you!”
• “I have no words I plan to save them for the day I see you […] Now watch me ass hole.”
• “fuck you bit h [sic]”
• “Now I see who you really are. A drunk without hope.”

This is just a sampling. And what follows from here is our opinion, based on those disclosed facts. For those Carlos is harassing, it is a deluge. Additionally, while complaints were still pending, we received multiple credible reports that Carlos threatened to slap another member at an action, then continued following and threatening physical violence against that member while screaming. This continued despite requests from multiple people that Carlos stop.

The Harassment and Grievance team ultimately voted to prohibit Carlos from returning to ACT UP. Carlos appealed that decision, and ultimately sued ACT UP over the decision.

The Lawsuit.

Carlos’s lawsuit has, essentially, two legal theories. The first is that we were wrong to bar his return to ACT UP on the merits. Given the above, we are very confident in that decision. More problematic for us is the second. The second theory essentially alleges that ACT UP has never been legally allowed to do any of the work it does. Because of what may have been some poor legal advice early on, it’s not clear Carlos is entirely wrong. Here’s the problem:

• ACT UP, for political reasons, has always been an organization with fluid membership where everyone votes.
• We are organized as a NY non-profit, which means we have to follow the rules.
• Under NY non-profit law, regardless of bylaws, quorum for meetings must either be at least 100 members or 10% of the total voting membership.
• As I’m sure all of you know, neither of these things is possible for ACT UP. Since the 1990’s, we haven’t had more than 100 members at meetings (unless it’s a Town Hall) and because of our three-meeting practices, assuming all members count as “voting members” (there are reasons not to assume this), having 10% of the voting membership at any one meeting is impossible.

So, the implication of Carlos’s suit is basically that ACT UP (1) has never functioned legally and (2) must end. That is, Carlos is quite literally trying to burn ACT UP to the ground now. We have asked Carlos to consent to more time in the lawsuit to handle this issue on a less urgent basis, and he has refused categorically — which confirms to us that his goal is burning the organization to the ground.

The Solution and Meeting.

We have come up with a solution (it is our best idea, but not the only one). Attached to this notice is a set of proposed amended bylaws. What these bylaws do is, essentially, codify how ACT UP meetings have actually worked — and make sure we can continue working the way we have. That is, they allow us:

• To continue avoiding creating lists of ACT UP members, which could be used against our members;
• To continue to allow people to vote after 3 meetings;
• To continue to function as a member-led organization.

To implement these bylaws, the best thing to do is to have one meeting with 100 participants (or more). That meeting will be on January 8, 2024. Because of our current bylaws, all we need is attendance. We will explain more in depth at the meeting. Our attorney, Remy Green, who has agreed to represent us pro bono in the litigation will also act as a parliamentarian.

At the meeting, we will vote on three — and only three — items. They are:

1. Formal adoption of the New Proposed Bylaws (attached).
2. Once the new bylaws are in effect, a measure to retroactively approve all previous decisions except the decision to bar Carlos;
3. We will separately vote — because it is subject to litigation — on whether to send the decision on Carlos back to the HGT for a new recommendation. We believe this is the best route because the prior decision did not explain itself well, and also the referral to HGT initially was at least arguably not made with quorum (as set out above).

So, to sum up PLEASE, PLEASE, PLEASE come to the meeting at least digitally on January 8. It is not hyperbole to say ACT UP’s continued existence depends on it.

WHAT: Save ACT UP NY General Body Meeting

WHEN: Mon Jan 8; 7-9PM ET

WHERE: Digitally and In-Person at the LGBTQ+ Center on 13th St.

ZOOM LINK: www.tinyurl.com/zoomactup

In Solidarity,

The ACT UP NY Legal Working Group

(Ken, Victor, Nancy, Raffi, Marcelo and Brandon)

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About ACT UP

Founded in 1987, ACT UP (AIDS Coalition to Unleash Power), is a diverse, non-partisan group of individuals united in anger and committed to direct action to end the AIDS crisis. ACT UP currently meets every Monday night on Zoom. Notes: you will be asked to contribute your first & last name and email address to access online meetings, and KN-95 masks are required for ACT UP NY in person meetings/actions/gatherings. All individuals are welcome!

Support ACT UP NY & Palestinian people fleeing Gaza

For every SILENCE = DEATH watermelon item sale, proceeds will be split in half between ACT UP NY and direct medical aid to Palestinian people fleeing Gaza.