Washington Blade - December 14, 2005
Andrew Keegan, akeegan@sovo.com.
Cleve Jones, who co-founded the AIDS Memorial Quilt in San Francisco two decades ago, and the Atlanta-based Names Project Foundation, which houses and manages the quilt, have sparred publicly since 2003.
Last month, Charles Thompson, an attorney who represents the Names Project, told this newspaper a settlement agreement between the parties had unraveled.
"Mr. Jones made unreasonable demands during further negotiations and the court has set a trial date of July 2006," Thompson said.
Thompson declined to detail the alleged "unreasonable demands" at the time, and Jones, who was traveling out of the country, could not be reached for comment.
But in an interview last week, Jones declared "victory" in the case, claiming the settlement would go forward.
"I made no new demands - period," Jones said. "I went to Mexico on vacation and came back to stories of how I made 'unreasonable' demands."
Neither Thompson nor Names Project officials responded to interview requests.
Legal fight
In a lawsuit filed in San Francisco Superior Court in 2004, Jones claimed wrongful termination when the agency fired him in 2003 after he expressed discontent with directors of the non-profit. Jones had acted as a spokesperson for the organization at an annual salary of $41,500 until his termination.
Jones wanted to launch a nationwide tour of the entire quilt in 2004, ending with a display at the National Mall in Washington, D.C. The foundation disagreed.
The legal maneuver was also an attempt by Jones to return the more than 44,000-panel quilt to San Francisco, where it was located before the Names Project moved to Atlanta in 2001.
Earlier this year, Superior Court judges in San Francisco threw out the wrongful firing and breach of contract portion of Jones' suit. Jones' claim that the foundation intentionally caused him mental distress was allowed to proceed.
Jones, who is HIV-positive, maintained it was the foundation that objected to any resolution.
"I asked the court to uphold the settlement, which was agreed upon by the foundation," he said. "Nothing more, nothing less."
Joshua Boxer, an attorney for Jones, said the settlement would now proceed.
"We filed a motion for judgment Nov. 28," Boxer said. "On [Dec. 12], the attorney for the foundation submitted a non-opposition motion, which basically means both parties are bound by the original verbal agreement."
San Francisco Superior Court Judge James Warren will make the settlement binding on Dec. 23, Boxer said.
Court officials could not be reached for comment by press time.
Jones provided a transcript of the settlement, in which Names Foundation Executive Director Julie Rhoad and President Ed Gatta verbally agreed to the terms in a Sept. 2 telephone conference with court officials.
Under the principal settlement, Jones was to establish his own non-profit to be called the San Francisco Bay Area Friends of the AIDS Memorial Quilt.
Jones recently sold his house in Palm Springs, Ca., and moved to San Francisco to open the chapter.
The Names Foundation agreed to place a link on its website to Jones' non-profit, according to the transcript. The organization also agreed to provide Jones with the first panel of the quilt, which he made in honor of his long-time friend, Marvin Feldman.
Angela Alioto, another attorney for Jones, said the Names Foundation balked at fulfilling its portion of the settlement.
The foundation refused to link the San Francisco organization to its website and would not allow Jones to have the panel he created, Alioto said in an email interview Dec. 8.
San Fran wants quilt back
According to Jones, the quilt was never intended to be permanently located in Atlanta, and the memorial's hometown is calling for the quilt to be returned.
The San Francisco Board of Supervisors proposed a resolution Dec. 13 urging the Names Foundation to move the quilt back to the city.
"Despite its deep roots in San Francisco, and the continuing need for innovative AIDS prevention tools in the city, the quilt is currently unavailable as a tool for anyone in San Francisco," read a portion of the resolution.
Jones said the quilt "was created in San Francisco, by San Franciscans."
"The total number of panels from all of Georgia is around 1,500," Jones said. "The city that created the most number of panels is San Francisco, with nearly 20,000."
Names Project officials cited lower costs when they moved the quilt to Atlanta. San Francisco has offered unused property to house the display, Jones said.
Jones said the last "democratic" discussion about relocating the quilt from San Francisco deemed Washington, D. C., as the final resting place for the memorial.
Beth Milman, a long-time volunteer with the former Rhode Island chapter, which closed when the quilt was relocated to Atlanta, agreed with Jones.
"There were endless discussions about whether to keep the quilt in San Francisco or move to D.C.," Milman said Dec. 8. "Then all of a sudden the board announced it was moving to Atlanta."
Milham also disputed a recent claim by Rhoad that several chapter closings that took place after the quilt was relocated to Atlanta were related to "fatigue," and should not have been labeled a "ruckus."
"It was a ruckus," Milham said. "Everything that was in that contract for the chapters to sign was unfavorable. Julie [Rhoad] told us she had hundreds of people lined up to open chapters. Well, I sure haven't seen that."
Jones said Atlantans shouldn't take offense at calls to return the quilt to the San Francisco.
"I have absolutely nothing against the people of Atlanta," Jones said. "I hope they can understand why the quilt should be returned to where it belongs - to its home."
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