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Affidavit of Susan Wright in Response to Affirmation in opposition to motion to file

Affidavit of Susan Wright in Response to Affirmation in Opposition to Motion to File a Memorandum of Law Amicus Curiae


N.Y. Co. Ind. No 10938/96

Cal. No. 98-10474


1. I, Susan Wright, am the Executive Director of the National Coalition for Sexual Freedom (NCSF) .


2. I write this affidavit in response to the DA's Brief in Opposition to the NCSF request to file an Amicus Curia Brief. I am at a loss as to why the Appellate Division of the DA's office has labeled the NCSF a "phantom entity. In August 1998, I contacted Martha Bashford at the D.A.'s office because she had worked with one of the NCSF Board organizations, Gay Male S/M Activists (GMSMA) , on a criminal case (the so-called Dangerous Top, Michael Payte). (see Appendix A, Village Voice article by Guy Trebay.) Martha Bashford suggested I send an email proposing that: the NCSF and the DA's office have a meeting to ensure the DA's position would not harm our constituents. I received no response to my requests, and contacted Martha Bashford again in October 1998. We spoke briefly, but no arrangements were made at that point for a meeting. In late l998, the NCSF began considering the necessity of filing an Amicus Brief.


3. The NCSF was founded in 1997 and consists of 20 organizations with a combined membership of 6,500. The NCSF is an advocacy and lobbying organization that supports the understanding and tolerance of sexual minority practices. The NCSF has been noted by the New York media in this capacity (see Appendix B, article from the New York Blade which cites NCSF's activity on sexual liberation issues). NCSF is in the process of incorporating in the State of Virginia and applying for a 501(C)4 status. Our accountant is: Rob Lyons at (301) 6648204; and our filing attorney is Jeff Yablon at Shaw Pittman, 2300 N. Street N.W , Washington DC 20)37. The executive office of the NCSF is currently in my home office at 381 Manhattan Avenue, Brooklyn, NY, 11211 (718)383-3318. Additional information on NCSF can be provided upon request.


The Board of Directors of the NCSF consists of representatives from five of the largest and oldest organizations (dating back to 1971) in our coalition. Most of these organizations enjoy formal not-for-profit status in their own right. (See Appendix: one-page mission statements from each of the five organizations sitting on the Board of the NCSF.) The Board Members are:


Susan Degnan
The Eulenspiegel Society
P.O. Box 2783
New York, NY 10163-2783
(212) 388-7022


Joe Holt
The Society of Janus
P.O. Box 426794
San Francisco, CA 94142
(650) 985-7117


Athena Lyons
National Leather Association- International
3439 N.E. Sandy Boulevard #155
Portland, Oregon 97232
(614) 899-9148


Jack McGeorge
Black Rose
P.O. Box 11161
Arlington VA 22210
(202) 686-5880


Bob Zieniewicz
Gay Male S/M Activists
332 Bleecker Street, #D23
New York, NY 10014
(212) 727-9878


The other fifteen organizations that belong to the NCSF are: Boston Dungeon Society (Massachusetts), Connecticut Munches (Connecticut), Knot For Everyone (New Jersey), LATCHES (National), Ohio Leather Coalition (Ohio), People Exchanging Power - PEP (Ohio), Memphis Power Exchange (Tennessee), The Power Exchange (Maryland), The Red Chair (Alabama), The Rose Garden (Southwest), SigMa (Washington DC), SMART - Sado Masochist Alliance Real Time (Ohio), St. Louis Leather & Lace (Missouri), TALON (North Carolina), and The Tri-State Couples Club (Pennsylvania).


6. On January 7th 1993, the NCSF received a copy of the D.A.'s brief which by eliminating consent as a defense and denying the constitutionality of practicing sadomasochism, effectively criminalizes sadomasochistic activity. The NCSF retained Michael T. Fois as Counsel of Record to file an Amicus Brief on behalf of our organization. At that time, we believed oral argument was scheduled for mid-February.


7. This is the first time the NCSF has injected itself into any legal proceeding, however the NCSF has been active in both National and local sexual minority issues. we release a weekly Media Update (archived on our website at covering sexual minorities in the news media, and as part of our anti-defamation efforts, the NCSF opposed the State University of NY's condemnation of President Bowen for including sexual minority topics in a Women's Conference at SUNY New Paltz. The NCSF participated in Lobby Day in April 1997 in Washington DC, lobbying for equality in the workplace for sexual minorities. The NCSF is currently analyzing the 1,000+ returned surveys from the lst National Survey of Violence & Discrimination Against Sexual Minorities, and in the summer of 1998, I gave over 50 radio interviews around the country on the preliminary results of this survey.


8. The reaction of the D.A. after the attempts the NCSF has made to open a dialogue on this matter simply proves the need for diligent representation of sexual minority issues. Mark Dwyer states in his Opposition: "under the Penal Law, if a sadomasochist engages in conduct that falls within the assault statutes (e.g., in intentionally causing physical injury or I serious physical injury to another) , he is guilty of assault, regardless of whether the victim I consents." There are tens of thousands of practitioners of sadomasochism in New York who would be justifiably concerned with this statement, as it comes from a D.A. who has already concluded that hot candle wax is "a dangerous weapon." The NCSF contends that consent is the basis for determining if an activity is sadomasochism rather than assault. The DA has ignored our offers to educate them as to sadomasochistic practices and the nature of consent in those practices. We hope this Court is more receptive.


Susan Wright

Notary Public, State of New York
No. 0 1 PR6010126
Qualified in Kings County

Commission Expires July 13, 2003

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About Consent Counts

NCSF is leading a major national campaign—Consent Counts—to change the laws and police practices that our communities now endure, and to establish that consent is available as a defense in criminal BDSM prosecutions.

  • BDSM is prosecuted as assault in the U.S., even when it is consensual.
  • No state or appellate court has allowed consent as a defense to assault in BDSM cases.
  • Consent Counts is a nationwide project to decriminalize consensual BDSM.
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