San Diego Pride 2011 will forever be etched in the mind of William X. Walters – and not as a carefree event where members of the LGBT community could express themselves without fear of harassment or intimidation. What happened at Pride 2011 has changed the course of Walters’ life and led him on a path of activism that he never imagined he would take.
It was at Pride 2011 that Walters was arrested for public nudity by officers from the San Diego Police Department (SDPD) for alleged violation of Municipal Code 56.53. Walters was attired in a gladiator-type leather kilt over black underwear which “fully met the provisions of the municipal code regarding nudity,” according to Walters’ attorney, Christopher S. Morris of local law firm, Aguirre, Morris and Severson in a statement first released at the time to San Diego LGBT Weekly.
Subsequently, Walters filed a federal civil rights claim against the SDPD and San Diego LGBT Pride (Pride) for violation of his civil rights by “illegal and unlawful” detention, public humiliation and arrest.
Walters founded the nonprofit FreeWillUSA.com, under the slogan of “Know Rights or No Rights”, to educate Americans on what their civil rights are and to fight for his own personal justice. After a long and arduous legal process a judge threw out Walters’ claims against SDPD and the City, as well as the Pride organizers stating, “[T]he Court finds that Plaintiff proffers no competent evidence from which a reasonable fact finder could conclude that Walters’ arrest was based on his sexual orientation, or that it resulted from an unequal enforcement policy or practice concerning public nudity.”
Following that judgment, Walters agreed to give LGBT Weekly an exclusive interview ahead of his official press conference on the court case.
San Diego LGBT Weekly: Will, thank you for talking with us. First off, what is your reaction to the court’s ruling?
Will Walters: I think that for the first time both sides agree on something, this is an unbelievable decision that nobody could have predicted. What a lot of people don’t know is that this particular motion to dismiss was presented by the defendants over a year ago and at that time was overruled by the same judge. Why she has decided to resurrect old motions and contradict her own rulings is not only a shock, but a disappointment as well. I know that judges don’t like to overrule other judges’ decisions; but why this judge has decided to overrule her own decision is a mystery to me and this particular decision hurts a lot of people.
What has been the reaction toward you from the broader community?
I have received overwhelming support from all different types of communities, many different organizations that support and advocate for equality as well as political action committees. Most surprisingly, I have received support from some very conservative groups; I think that although these groups may not support progressive politics, the members are true constitutionalists, who see the importance of my fight.
The most impactful reminders to me that we’re fighting the good fight have been the individuals who have approached me or reached out to me through my Web site and have given me applause for my efforts and have told me their personal, often painful and humiliating stories about how their rights have been violated.
What kind of message does this send to minority communities?
The message that I want to get out to minority communities is to do your best and to stay strong in whatever you want to get out there and no matter how bad the odds are, stay the course to hopefully accomplish what you believe is right. Unfortunately, I believe the decision given by Judge Bencivengo gives the opposite message to those groups and this decision would intimidate those that are in the minority to not stick up for their beliefs.
Why do you think the judge ruled against you?
I am actually unable to answer this question. I have said before that I am in complete shock over this decision because she had the opportunity to rule on these grounds more than a year ago and chose not to do so then. In fact, the way I understand it, she has actually denied similar motions to dismiss from the City and Pride.
Has anyone from the SDPD, the City or Pride reached out to you since the judgment?
The only thing that I have heard is the giddiness and excitement from Jan Goldsmith about the disregard of the U.S. Constitution by the judge and how a secret meeting is not a conspiracy, but rather coordinators putting on a good event. It is a mystery to me how a city attorney can be so excited about the disregard of the U.S. Constitution and as a resident of the city he is supposed to protect and defend the rights of.
Will you be appealing the judgment? How far will you take this?
At this time, I am assembling my entire team to review all of my options and collectively decide the best course of action for the future.
Why do you think it is important to pursue this case?
Since day one I have believed that this is truly the good fight. I believe that it is my responsibility as a gay man to be a voice for, not only my community, but all Americans whose rights are violated every day and who would otherwise not have a voice.
Looking back, would you have done anything different?
Not at all; and in fact I would do everything all over again.
Have any national organizations reached out to you to offer support?
They have; at this time I don’t want to comment about those organizations. I am trying to stay focused on our future course of action.
Tell us a little about FreeWillUSA.com?
I actually would like to take this opportunity to invite you and your readers to visit our Web site; you will be able to keep up with upcoming events and the latest news in regard to the case. The mission of FreeWillUSA is to provide education to all Americans about what our constitutional rights are and what’s contained in the Bill of Rights.
What do you hope to achieve with FreeWillUSA?
I hope to educate all Americans about what is contained in the Bill of Rights and the U.S. Constitution to give them a new feeling of empowerment just by being in this great nation. When I initially embarked on this journey I did not feel empowered, but as this whole ordeal has unraveled I’ve learned so much about our rights and I know that this knowledge can improve everyone’s daily life.
Will you continue to build FreeWillUSA irrespective of the outcome of your claim?
FreeWillUSA is the product of needing to turn an otherwise negative situation into a positive one. The organization is for all Americans regardless of my legal battle.
Did you ever believe you would become an activist and spokesperson for the LGBT community?
I am honored and humbled by the fact that people view me as an activist and a spokesperson for the entire LGBT community. I actually believe that this legal battle has been my duty. Furthermore it is an honor to represent my peers – one I don’t take lightly and hope that I can fulfill with dignity and grace.
What is your advice to future attendees of San Diego LGBT Pride events?
Just know that there are people even in our own community that don’t want you to express yourself as “too gay.” Go to FreeWillUSA.com to see what I mean.
What is the future for Will Walters?
I am a fighter and whatever the future holds for me I plan to live everyday being true to myself and my American heritage. Although this is a minor setback for my case, I still believe in the U.S. Constitution, I believe in the rights given to us by our forefathers and I believe that we live in the greatest country in the world. Thank you for this interview and your interest in promoting fairness and civil rights.
Thank you, Will, for your time and we wish you the best for the future.
